Section 104 BSA: Burden of proof
Bharatiya Sakshya Adhiniyam, 2023
Section 104 BSA at a Glance
Section 104 BSA deals with burden of proof. It replaced Section 101 IEA on 1 July 2024.
Section 104 BSA Bare Act Text
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.
Source: Section 104, Bharatiya Sakshya Adhiniyam, 2023
Section 104 BSA in Simple Words
Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 places the duty of proving facts on the person who asks a court for a judgment. Anyone who wants the court to decide a legal right or liability (a duty or responsibility under law) must prove the facts behind that claim.
Under the Adhiniyam, a party cannot make a claim in court without establishing the facts on which the claim depends. When the law requires a party to establish a fact, Section 104 BSA calls that duty the burden of proof.
The rule applies to both criminal prosecutions and civil claims. A party who wants the court to punish someone for a crime has to prove that the crime was committed by that person. Likewise, a person claiming entitlement to land held by another party must prove the disputed facts supporting the claim.
When Section 104 BSA Applies
- 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.
Example of Section 104 BSA
Section 104 BSA in the IEA (Previous Law)
Section 104 BSA replaces Section 101 IEA from the old criminal code.
Section 101 of the Indian Evidence Act, 1872 became Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. A one-word drafting edit.
FAQs on Section 104 BSA
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.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·