Burden of proof in a breach of contract case refers to the responsibility of proving the essential facts that establish the breach and justify a legal remedy. In India, this is governed by the principles of the Indian Contract Act, 1872, and the rules of evidence are laid out under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which has replaced the Indian Evidence Act. Who Bears the Burden of Proof? In a breach of contract case, the party who alleges the breach (usually the plaintiff) bears the initial burden of proof. This means: If you are suing someone for breach, you must prove the existence of a valid contract and that the other party failed to perform their obligations. This principle is codified under Section 101 of the Bharatiya Sakshya Adhiniyam, 2023, which states: > "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." What Must Be Proven (By the Plaintiff)? To succeed in a breach of contract claim, the following must be proved by the person alleging the breach: 1. Existence of a valid and enforceable contract Show that a contract existed — either written, oral, or implied. Prove elements like offer, acceptance, consideration, lawful purpose, capacity, and intention. 2. Plaintiff’s own performance or readiness to perform You must show that you performed your part or were ready and willing to perform it. 3. Failure of the other party to perform (breach) Prove that the defendant failed to fulfill their contractual obligation. Breach may be actual or anticipatory. 4. Damages or loss suffered due to the breach You must show that the breach caused you a legal injury or financial loss. Shift of Burden (If Plaintiff Proves the Above) Once the plaintiff establishes the basic case, the burden shifts to the defendant to: Justify why the contract was not performed, or Prove defenses, such as: The contract was void or voidable There was frustration/impossibility The plaintiff did not perform their part Force majeure or lawful excuse Mutual agreement to terminate Evidence to Prove a Breach (Examples): Contracts/agreements Emails, chats, or written communication Invoices, receipts, delivery challans Witnesses or expert testimony Financial records proving loss Key Legal Principle: The burden of proof lies on the party who asserts a fact. If you are claiming breach, you must prove it. If the other party raises a defense (e.g., the contract was terminated by mutual consent), they must prove their defense. Conclusion In a breach of contract case: The plaintiff carries the initial burden of proof to establish the contract, performance, breach, and loss. If this is done, the burden shifts to the defendant to disprove or justify the breach. These rules are based on Section 101–104 of the Bharatiya Sakshya Adhiniyam, 2023, and the general law of contracts.