Section 106 BSA: Burden of proof as to particular fact
Bharatiya Sakshya Adhiniyam, 2023
Section 106 BSA at a Glance
Section 106 BSA deals with burden of proof as to particular fact. It replaced Section 103 IEA on 1 July 2024.
Section 106 BSA Bare Act Text
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.
IllustrationA 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.
Source: Section 106, Bharatiya Sakshya Adhiniyam, 2023
Section 106 BSA in Simple Words
Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 decides who must prove a specific fact in court from 1 July 2024. Section 106 BSA deals with the burden of proof (the duty to prove a fact in court). A person who wants the court to believe that a particular fact exists must prove it.
Any party who puts forward a specific fact has to prove that fact. In the illustration to the Adhiniyam, a prosecutor brings a theft case against an accused person. If the prosecutor wants the court to believe that the accused person admitted the theft to another person, the prosecutor must prove that admission. If the accused person wants the court to believe that the accused person was elsewhere at the relevant time, the accused person must prove it.
An exception applies when any law places the duty of proving that specific fact on a particular person.
When Section 106 BSA Applies
- A person wants the court to believe that a specific fact exists.
- That person carries the burden of proving that specific fact.
Example of Section 106 BSA
When Section 106 BSA Does Not Apply
- The rule in Section 106 BSA does not apply when any law places the duty of proving that specific fact on a particular person.
Section 106 BSA in the IEA (Previous Law)
Section 106 BSA replaces Section 103 IEA from the old criminal code.
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.
FAQs on Section 106 BSA
What is Section 106 BSA?▼
Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 states that a person who wants the court to believe a specific fact has the burden of proving it. This rule applies unless any law places the proof of that fact on a particular person.
Does an accused person have to prove a claim of being elsewhere at the time of an offence?▼
Yes. Under the illustration to Section 106 BSA, an accused person who wants the court to believe that the accused person was elsewhere at the relevant time must prove that fact.
Does the prosecution have to prove that the accused person admitted a theft to someone else?▼
Yes. Under the illustration to Section 106 BSA, if the prosecution wants the court to believe that the accused person admitted the theft to another person, the prosecution must prove that admission.
What is Section 106 BSA in IEA?▼
Section 103 IEA. Section 103 IEA became Section 106 BSA on 1 July 2024 with no substantive change, and the illustrations were joined into a single illustration.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·