Section 105 BSA: burden of proof is on B
Official statutory evidence provision under the Bharatiya Sakshya Adhiniyam, 2023.
Official Statutory Wording (100% Legally Correct)
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 Aby 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, whichAdenies. 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
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 105 of the BSA.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. Electronic records must be certified under Section 63 BSA to be legally admissible in criminal or civil court trials.