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.
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.
1. Sic, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b).