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 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.

Illustration

(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. 

LAWGIST

# 104 Burden of proving fact to be proved to make evidence admissible