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Section 101State of Jammu-Kashmir Act

Section 101: Burden of proof

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.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 contain land in the possession of B by reason off acts which he asserts, and which B. denies to be true.
A must prove the existence of these facts.

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