What Is BSA Section 106?

Bhartiya Sakshya Adhiniyam, 2023 - Section 106: Burden of proof as to particular fact

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:

A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.

Brefe Detail

Section 106 of the Bhartiya Sakshya Adhiniyam, 2023, specifies that the burden of proof regarding a specific fact lies with the party that asserts the fact's existence in court. This means that if someone wants the court to accept a particular fact as true, they must provide evidence to support it. If any law dictates that a certain individual must prove a fact, then the burden shifts accordingly. The illustration provided highlights how both parties in a legal dispute have distinct responsibilities to prove their respective claims.

Question & Answers

What does Section 106 of the Bhartiya Sakshya Adhiniyam, 2023 state?

It states that the burden of proof for a particular fact lies on the person who wishes the court to believe in its existence.

Who is responsible for proving a particular fact?

The person who asserts the fact is responsible for providing evidence to support it.

What happens if a law specifies that proof lies with a particular person?

In that case, the burden of proof shifts to the person designated by the law to prove the fact.

What is the first illustration in this section?

A must prove that B admitted the theft to C, as A is asserting that fact.

What must B prove in this scenario?

B must prove that he was elsewhere at the time of the theft, as he wishes the court to believe this fact.

Example

Example of Burden of Proof in a Theft Case:

If a person claims that someone else stole their property and alleges that the accused confessed to a third party, the accuser must provide evidence of that confession.

Example of Alibi in a Legal Case:

If the accused asserts they were at a different location during the crime, they must provide evidence, such as witness testimony or surveillance footage, to support their claim.

Summary

Section 106 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that the burden of proof regarding specific facts lies with the party seeking to convince the court of those facts. Each party in a legal dispute has distinct responsibilities to substantiate their claims. The section emphasizes the importance of evidence in supporting assertions made during legal proceedings, ensuring a fair adjudication process.