Section 105 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 – On Whom Burden of Proof Lies
Overview:
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023, delineates the principle governing the burden of proof in legal proceedings. This section specifies that the responsibility to prove a fact lies with the party who would fail if no evidence were presented on either side.(taxguru.in)
Key Provisions:
Burden of Proof Defined:
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.(indiankanoon.org)
Illustrations:
Land Ownership Dispute:
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.(indiankanoon.org)
Bond Fraud Allegation:
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.(aaptaxlaw.com)
Explanation:
This section emphasizes the principle that the party asserting a claim or defense must provide sufficient evidence to support their position. If they fail to do so, the court is likely to rule in favor of the opposing party. The illustrations provided clarify how this principle applies in different scenarios, such as disputes over property ownership or allegations of fraud.(legalbites.in, myjudix.com)
Importance in Legal Proceedings:
Understanding the allocation of the burden of proof is crucial for parties involved in legal proceedings. It guides them in preparing their cases and ensures that they are aware of their responsibilities in presenting evidence. Failure to meet the burden of proof can result in the dismissal of claims or defenses, highlighting the importance of this provision in the administration of justice.
Conclusion:
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023, reinforces the fundamental legal principle that the burden of proof rests on the party asserting a claim or defense. By clearly defining this responsibility, the section aims to promote fairness and clarity in legal proceedings.
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