Law4u - Made in India

What Is BSA Section 106?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Poloju Madhu

Advocate Poloju Madhu

Civil, Family, Court Marriage, Criminal, Motor Accident, Property, Divorce, Cheque Bounce, Breach of Contract, Anticipatory Bail, Domestic Violence

Get Advice
Advocate Zuber Chauhan

Advocate Zuber Chauhan

Anticipatory Bail,Banking & Finance,Cheque Bounce,Child Custody,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,R.T.I,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate Anarul Haque

Advocate Anarul Haque

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law

Get Advice
Advocate Dhiren Panchal

Advocate Dhiren Panchal

Corporate, Consumer Court, Court Marriage, Divorce, GST

Get Advice
Advocate Bharat Singh Advocate Of Supreme Court Of India

Advocate Bharat Singh Advocate Of Supreme Court Of India

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Customs & Central Excise, Criminal, High Court, Motor Accident, RERA, Supreme Court

Get Advice
Advocate Ravendra Pratap Rana

Advocate Ravendra Pratap Rana

Anticipatory Bail, Criminal, Divorce, Family, High Court

Get Advice
Advocate Om Pratap Singh

Advocate Om Pratap Singh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, NCLT, Property, R.T.I, Supreme Court, Tax, Trademark & Copyright

Get Advice
Advocate K Pavani Kumari

Advocate K Pavani Kumari

Civil, Cyber Crime, Motor Accident, Criminal, Divorce

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.