Section 102State of Jammu-Kashmir Act

Section 102: On whom burden of proof lies

The Evidence Act, 1977 (1920 A.D)

On whom burden of proof lies.

- 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 Aby 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 cither side, A would succeed as the bond is not disputed and the fraud is not proved.Therefore the burden of proof is on B.

Sec 101 — Burden of proof

Sec 103 — Burden of proof as to particular fact

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