Section 105 BSA: On whom burden of proof lies
Bharatiya Sakshya Adhiniyam, 2023
Section 105 BSA at a Glance
Section 105 BSA deals with on whom burden of proof lies. It replaced Section 102 IEA on 1 July 2024.
Section 105 BSA Bare Act Text
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.
Source: Section 105, Bharatiya Sakshya Adhiniyam, 2023
Section 105 BSA in Simple Words
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 provides the test to determine who carries the burden of proof. The rule applies in every suit (a civil case in court) or legal proceeding. The burden rests on the party who would lose the case if neither side presented any evidence.
Under the Adhiniyam, a court asks which party would fail if both sides gave zero evidence. Suppose a claimant sues for land held by another person, asserting that the land was left to the claimant by the will of the father of the possessor. Without evidence from either side, the person in possession keeps the land, so Section 105 BSA places the burden of proof on the claimant.
The test can place the burden of proof on the defending party when the core claim is admitted. When a person is sued for money on a bond (a written obligation to pay) and admits signing the bond but alleges fraud, the claimant wins if nobody gives evidence. Because the bond is admitted and fraud is unproven without evidence, the party alleging fraud bears the burden of proof.
When Section 105 BSA Applies
- 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.
Example of Section 105 BSA
Section 105 BSA in the IEA (Previous Law)
Section 105 BSA replaces Section 102 IEA from the old criminal code.
Section 102 of the Indian Evidence Act, 1872 became Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 105 BSA
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.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·