The Indian Evidence Act

Burden of proof

On whom burden of proof lies

Burden of proof as to particular fact

Burden of proving fact to be proved to make evidence admissible

Burden of proving that case of accused comes within exceptions

Burden of proving fact especially within knowledge

Burden of proving death of person known to have been alive within thirty years

Burden of proving that person is alive who has not been heard of for seven years

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and  agent

Burden of proof as to ownership

Proof of good faith in transactions where one party is in relation of active confidence

Presumption as to certain offences

Birth during marriage, conclusive proof of legitimacy

Proof of cession of territory

Presumption as to abetment of suicide by a married woman

Presumption as to dowry death

Court may presume existence of certain facts

Presumption as to absence of consent in certain prosecution for rap


CHAPTER VII.--OF THE BURDEN OF PROOF


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) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it. 

LAWGIST

# 103 Burden of proof as to particular fact