Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter VII · Burden of Proof
101. Burden of proof
Feedback & supportWhoever 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.
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
fact
“fact” means and includes— (a) any thing, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious; (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact;
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.
A desires a court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts and which B denies to be true.
A must prove the existence of those facts.