Burden Of Proof Under The Indian Evidence Act, 1872

The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.

Under Indian law, until and unless an exception is created by law, the burden of proof lies on the person making any claim or asserting any fact. Reference should be made to the following provisions of the Indian Evidence Act, 1872 with some illustrations to understand the proposition.

Indian Evidence Act, 1872

Section 101 - Burden of proof

Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.

When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.