Join our Law Notes WhatsApp Group and stay updated with Legal and Judicial Updates

Section 102 of Indian Evidence Act, 1872

From Lawnotes.in
Jump to:navigation, search

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.

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.

Notes

Related Cases / Recent Cases / Case Laws

Other related sections from the Act

  • 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

Related Acts

Related term