Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter VII · Burden of Proof
102. On whom burden of proof lies
Feedback & supportThe 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.
evidence
“evidence” includes— (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence;
A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.
Evidence 77
If no evidence were given on either side, B would be entitled to his possession.
Therefore the burden of proof is on A.
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 either side, A would succeed as the bond is not disputed and the fraud is not proved.
Therefore the burden of proof is on B.