On whom burden of proof lies
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 deals with on whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side Illustrations. The Act came into force on 01 Jul 2024.
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side
Illustrations.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
Section 105, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 102 On whom burden of proof lies Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rangammal v. Kuppuswami
Decided under Indian Evidence Act 102, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-3.pdf 2011-05-13. CA 562/2003. Panchal/Gyan Sudha Misra. DATE-CHECK flagged 2002-07-11 HC / 1951-02-24 sale-deed dates (false positive); body is the named 13 May 2011 reportable. In a partition suit the plaintiff who asserts title via a minor's sale deed must prove that fact; courts cannot shift the burden onto the defendant-minor. IEA 101 is already filled (Anil Rishi); this file isolates 102 (on whom burden of proof lies). Map iea 102 + BSA 105 successor. Do not pad 101.
On this section: Successor of IEA 102 (mapping.csv near-identical, score 1). The on-whom-burden-lies holding carries to BSA 105.
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State of Haryana vs Shakir @ Shahrukh, S/o- Jamil
Decided under Indian Evidence Act 102, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the prosecution case rests solely on the statements of official police witnesses without any independent corroborating witnesses, the evidence must be subjected to close scrutiny. The prosecution must establish both the actus reus (guilty act) and mens rea (guilty mind) of the accused, along with the causal connection between the alleged criminal acts and the accused person. Mere recovery of contraband articles does not establish the accused's involvement unless the prosecution proves the accused's direct participation in the offence. Procedural compliance, particularly the mandatory requirement to associate independent witnesses during recovery under Section 100(4) Cr.P.C., is essential for the credibility of the prosecution case. In the absence of such compliance and independent corroboration, the accused is entitled to the benefit of doubt and acquittal.
On this section: Burden of proof in criminal cases; prosecution must prove guilt beyond reasonable doubt
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… | 3(5) of Bhartiya Nyay Sanhita ? | | | REASONS FOR FINDING ON POINT UNDER CONSIDERATION : 7] Heard both sides at sufficient length. 8] Thoughtful consideration is given to the arguments of both sides. At the outset, it has to be mentioned here, in view of Section 105 of Bhartiya Sakshya Adhiniyam, 2023, it is for the prosecution to prove the charges levelled against the accused as burden lies on it. In order to understand, how a fact is said to be proved, we need to consider the definition of term proved as provided in Section 3 of Bharatiya Sakshya Adhiniyam. It says that a …
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… In view of the above judgement of Hon'ble High Court of Delhi, plaintiff has been successful in showing on record that non -reply of notice of the plaintiff by the defendant calls for drawing of presumption so as to correctness of the facts contained therein. - 31. In terms of Section 105 Bharatiya Sakshya Adhiniyam, 2023 the initial onus is always on the plaintiff and if he discharges that onus and makes out a case which entitles him to a relief, the onus shifts to the defendant to prove those circumstances, if any, which would disentitle the plaintiff to the same. In the present case, the testimony …
Questions about Section 105
What have the courts held on Section 105 of the Bharatiya Sakshya Adhiniyam?
Rangammal v. Kuppuswami (13 May 2011) is the leading judgment on this section among those set out below, though it was decided under IEA 102, which this section replaced -- the court never mentioned this Act: Successor of IEA 102 (mapping.csv near-identical, score 1). The on-whom-burden-lies holding carries to BSA 105. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2011 to 2026.
How do I find court cases under Section 105 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 105, section 105 BSA, section 105 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 105 bsa act and bsa 15 105a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rangammal v. Kuppuswami (13 May 2011).
What should I read with Section 105 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 102 (On whom burden of proof lies), so the judgments decided under that provision are the case law on this one.
When did Section 105 of the Bharatiya Sakshya Adhiniyam come into force?
Section 105 of the Bharatiya Sakshya Adhiniyam, cited as BSA 105, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.