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Section 103 of Indian Evidence Act, 1872

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Section 103 of Indian Evidence Act, 1872 deals with 'Burden of proof as to particular fact'.

From the Act

The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.

Illustration

1*[(a)] A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission.

B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.

Notes

Related Cases / Recent Cases

Related Sections from the Act

  • Section 101: Burden of proof
  • Section 102: On whom burden of proof lies
  • 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

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