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Section 102 of Indian Evidence Act, 1872
Section 102 of Indian Evidence Act, 1872 deals with On whom burden of proof lies
From the Act
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.
(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.
Related Cases / Recent Cases / Case Laws
- Section 101: Burden of proof
- Section 103: Burden of proof as to particular fact
- Section 104: Burden of proving fact to be proved to make evidence admissible
- Section 105: Burden of proving that case of accused comes within exceptions
- Section 106: Burden of proving fact especially within knowledge
- Section 107: Burden of proving death of person known to have been alive within thirty years
- Section 108: Burden of proving that person is alive who has not been heard of for seven years
- Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- Section 110: Burden of proof as to ownership
- Section 111: Proof of good faith in transactions where one party is in relation of active confidence