What is Section 105 BSA?

Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 sets the test for deciding who bears the burden of proof in a suit or proceeding. It places the burden on the party who would lose the case if neither side presented any evidence.

Can the burden of proof under Section 105 BSA fall on the person defending a money claim?

Yes. When the defending party admits signing a bond for money but claims that the bond was obtained by fraud, the claimant would win without evidence, so Section 105 BSA places the burden of proof on the defending party.

Who bears the burden of proof under Section 105 BSA when someone claims land held by another person?

The claimant bears the burden of proof. If neither side gives evidence, the person in possession keeps the land, so Section 105 BSA requires the claimant relying on a will to prove the claim.

What is Section 105 BSA in IEA?

Section 102 IEA is the earlier provision corresponding to Section 105 BSA before 1 July 2024. The rule and wording are unchanged.

IEA 102 Is Now BSA 105: On Whom Burden of Proof Lies

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	102	105
Heading	On whom burden of proof lies	Same

IEA 102 and BSA 105: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 102, IEA 1872

102. On whom burden of proof lies.—The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B.

BSA 2023 (in force)

Section 105, BSA 2023

105. On whom burden of proof lies.—The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations. (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.

When It Applies: IEA 102 vs BSA 105

Under IEA 102

A suit or other legal proceeding is before a court.
The court considers which party would lose the case if neither side presented any evidence.
That party who would lose without evidence carries the burden of proof.

Under BSA 105

A suit or other legal proceeding is brought before a court.
The court determines which party would lose if neither side presented any evidence.
That party who would lose without evidence bears the burden of proof.

What IEA 102 to BSA 105 Means in Practice

Section 102 IEA became Section 105 BSA on 1 July 2024 without any change in wording. The same rule applies in court to decide which party bears the burden of proof. Litigants and readers should cite Section 105 BSA for matters governed by the BSA.

IEA 102 to BSA 105: On whom burden of proof lies

IEA 102 to BSA 105 at a Glance

What Changed From IEA 102 to BSA 105?

IEA 102 vs BSA 105: Comparison Table

IEA 102 and BSA 105: Bare Act Text Side by Side

When It Applies: IEA 102 vs BSA 105

What IEA 102 to BSA 105 Means in Practice