To prove breach of contract in an Indian court, you must show specific legal elements with supporting evidence. The law governing contracts in India is primarily the Indian Contract Act, 1872—this remains in force even after the criminal law reforms (BNS, BNSS, BSA), as contract law is civil, not criminal. Here’s how you establish a breach of contract in court: 1. Existence of a Valid Contract First, you must prove that a valid, legally enforceable contract existed. This includes showing: Offer and acceptance Lawful consideration Intention to create legal relations Competent parties Lawful object Free consent (no coercion, fraud, etc.) Evidence: Written agreement Emails, messages, or letters showing offer/acceptance Witness testimony, if oral contract 2. Your Performance or Willingness to Perform You must show that: You fulfilled your obligations, or You were ready and willing to perform your part, but the other party prevented it. Evidence: Receipts, invoices Delivery proof Communications showing you tried to perform 3. Breach by the Other Party You must prove the other party failed to perform their obligations without lawful excuse. Types of breach include: Actual breach: When the party fails to perform on the due date. Anticipatory breach: When a party declares in advance they won't perform. Evidence: Non-delivery of goods/services Admission by the breaching party Communication showing refusal to perform 4. Resulting Loss or Damage Finally, you must show that you suffered a loss or injury because of the breach. Courts won’t award damages unless there's a clear, proven loss. Evidence: Financial records Expert valuation (for business loss) Proof of opportunity lost (e.g., other contracts affected) Burden of Proof Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA): The burden lies on the person alleging the breach (you, as the plaintiff). Section 101 of the BSA retains the principle: "Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove those facts." Remedies You Can Seek If you successfully prove the breach, the court may grant: Compensatory damages Specific performance (forcing the party to perform) Injunctions Rescission of contract Restitution Summary To prove breach of contract in court, you must establish: 1. A valid contract existed 2. You fulfilled or were ready to fulfill your part 3. The other party failed to perform 4. You suffered legal damage because of it The entire case hinges on evidence—documents, communication records, witness statements, and financial data.