Section 101 IEA: Burden of proof
Indian Evidence Act, 1872
Section 101 IEA at a Glance
Section 101 IEA deals with burden of proof. From 1 July 2024 it is replaced by Section 104 BSA.
Section 101 IEA Bare Act Text
101. 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. 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 101, Indian Evidence Act, 1872
Section 101 IEA in Simple Words
Section 101 of the Indian Evidence Act, 1872 placed the duty of proving facts on the person asking a court for a judgment. Anyone who wanted the court to decide a legal right or liability (a legal duty or responsibility) had to prove the facts behind that claim.
Under the Act, a party could not just make a claim and expect a favourable judgment. If the claim depended on certain facts being true, the person asserting those facts had to prove them. Section 101 IEA defined this duty to prove a fact as the burden of proof.
The rule covered criminal accusations as well as civil claims. A person asking the court to punish someone for a crime had to prove that the crime was committed. A claimant seeking land held by another person also had to prove the disputed facts behind the claim.
When Section 101 IEA Applies
- A party asks a court to pass a judgment regarding a legal right or a legal liability.
- The claimed right or liability depends on facts asserted by that party.
- Whenever the law requires a party to prove a fact, the burden of proof rests on that party.
Example of Section 101 IEA
Section 101 IEA in the BSA
Section 101 IEA is now covered under Section 104 BSA.
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.
View detailed comparison (IEA 101 vs BSA 104) →FAQs on Section 101 IEA
What is Section 101 IEA?▼
Section 101 of the Indian Evidence Act, 1872 defines the burden of proof in court proceedings. It states that anyone asking a court for a judgment on a legal right or liability must prove the facts asserted to support that claim.
Does the burden of proof under Section 101 IEA apply when a person accuses someone of a crime?▼
Yes. Under Section 101 IEA, a person who wants the court to punish another person for a crime must prove that the other person committed that crime.
Does a person in possession of land have to disprove a claim made by someone else under Section 101 IEA?▼
No. When a claimant asks the court to decide entitlement to land held by another person based on facts the other person denies, Section 101 IEA requires the claimant to prove those facts.
What is Section 101 IEA in BSA?▼
Section 104 BSA replaced Section 101 IEA from 1 July 2024. There is no substantive change in the rule.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·