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Start Free TrialIndian Evidence Act 1872 Chapter 7
Title: Of the Burden of Proof
State: Central
Year: 1872
.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 106
Title: Burden of Proving Fact Especially Within Knowledge
State: Central
Year: 1872
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 105
Title: Burden of Proving That Case of Accused Comes Within Exceptions
State: Central
Year: 1872
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, (45 of 1860) or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control; The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860), provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 102
Title: On Whom Burden of Proof Lies
State: Central
Year: 1872
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.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 101
Title: Burden of Proof
State: Central
Year: 1872
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. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 103
Title: Burden of Proof as to Particular Fact
State: Central
Year: 1872
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. _______________________ 1. Sic. In the Act as published in Gazette of India, 1872, Pt. IV, p. 1, there is no illustration (b).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 104
Title: Burden of Proving Fact to Be Proved to Make Evidence Admissible
State: Central
Year: 1872
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 107
Title: Burden of Proving Death of Person Known to Have Been Alive Within Thirty Years
State: Central
Year: 1872
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 108
Title: Burden of Proving That Person is Alive Who Has Not Been Heard of for Seven Years
State: Central
Year: 1872
1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on".
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 109
Title: Burden of Proof as to Relationship in the Cases of Partners, Landlord and Tenant, Principal and Agent
State: Central
Year: 1872
When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.
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