What is Section 104 BSA?

Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 defines the burden of proof in court proceedings. It requires anyone asking a court for a judgment on a legal right or liability to prove the facts asserted in support of that claim.

Who has the burden of proof under Section 104 BSA when a crime is alleged?

The accuser has the burden of proof. Under Section 104 BSA, the party asking the court to punish another person for a crime must prove that the other person committed the crime.

Who must prove the facts in a land claim under Section 104 BSA?

The claimant must prove the facts. When a person asks a court to declare entitlement to land held by another party based on disputed facts, Section 104 BSA places the burden of proof on the claimant.

What is Section 104 BSA in IEA?

Section 101 IEA is the earlier provision corresponding to Section 104 BSA before 1 July 2024. The rule is unchanged.

IEA 101 Is Now BSA 104: Burden of Proof, What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	101	104
Heading	Burden of proof	Same

IEA 101 and BSA 104: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 101, IEA 1872

101. Burden of proof.—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 that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.

BSA 2023 (in force)

Section 104, BSA 2023

104. Burden of proof.—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 that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations. (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.

When It Applies: IEA 101 vs BSA 104

Under IEA 101

A party asks a court to pass a judgment regarding a legal right or a legal liability.
The claimed right or liability depends on facts asserted by that party.
Whenever the law requires a party to prove a fact, the burden of proof rests on that party.

Under BSA 104

A party asks a court to pass judgment regarding a legal right or a legal liability.
The claimed right or liability depends on facts asserted by that party.
Whenever a party is required to establish a fact, the burden of proof rests on that party.

What IEA 101 to BSA 104 Means in Practice

Section 101 IEA became Section 104 BSA on 1 July 2024 with no substantive change. The same rule on burden of proof applies in court. Litigants and readers should cite Section 104 BSA for matters governed by the BSA.

IEA 101 to BSA 104: Burden of proof

IEA 101 to BSA 104 at a Glance

What Changed From IEA 101 to BSA 104?

IEA 101 vs BSA 104: Comparison Table

IEA 101 and BSA 104: Bare Act Text Side by Side

When It Applies: IEA 101 vs BSA 104

What IEA 101 to BSA 104 Means in Practice