IEA 103→BSA 106

IEA 103 to BSA 106: Burden of proof as to particular fact

Section 103 IEA (1872) replaced by Section 106 BSA (2023)

View IEA Section 103 →View BSA Section 106 →

IEA 103 to BSA 106 at a Glance

Section 103 IEA (Burden of proof as to particular fact) is now Section 106 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 103 to BSA 106?

Section 103 of the Indian Evidence Act, 1872 became Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The two illustrations were joined into one.

IEA 103 vs BSA 106: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section103106
HeadingBurden of proof as to particular factSame

IEA 103 and BSA 106: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 103, IEA 1872

103. 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. Illustrations (a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. (b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
BSA 2023 (in force)

Section 106, BSA 2023

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.

When It Applies: IEA 103 vs BSA 106

Under IEA 103
  1. A person wants the court to believe that a specific fact exists.
  2. That person carries the burden of proving that specific fact.
Under BSA 106
  1. A person wants the court to believe that a specific fact exists.
  2. That person carries the burden of proving that specific fact.

What IEA 103 to BSA 106 Means in Practice

Section 103 IEA became Section 106 BSA on 1 July 2024 with no substantive change, and the illustrations were joined into a single illustration. The same rule applies, and a party in court should cite Section 106 BSA for matters governed by the BSA.

FAQs: IEA 103 to BSA 106

Did combining the illustrations in Section 106 BSA change the rule from Section 103 IEA?▼

No. Combining the separate illustrations from Section 103 IEA into a single illustration in Section 106 BSA made no substantive change to the rule.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·