105. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 101 Evidence as to meaning of illegible characters, etc
Section 102 Who may give evidence of agreement varying terms of document
Section 103 Saving of provisions of Indian Succession Act relating to wills
Section 105 On whom burden of proof lies
Section 106 Burden of proof as to particular fact
Section 107 Burden of proving fact to be proved to make evidence admissible
Section 108 Burden of proving that case of accused comes within exceptions
Section 109 Burden of proving fact especially within knowledge
Section 110 Burden of proving death of person known to have been alive within thirty years