Section 102 IEA: On whom burden of proof lies
Indian Evidence Act, 1872
Section 102 IEA at a Glance
Section 102 IEA deals with on whom burden of proof lies. From 1 July 2024 it is replaced by Section 105 BSA.
Section 102 IEA Bare Act Text
102. 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 102, Indian Evidence Act, 1872
Section 102 IEA in Simple Words
Section 102 of the Indian Evidence Act, 1872 gave a test to find who carried the burden of proof. The rule applied in every suit (a civil case in court) or legal proceeding. The burden rested on the party who would lose if neither side gave any evidence.
Under the Act, a court asked what the outcome would be if both sides stayed silent. Suppose a claimant sued for land held by another person, claiming it under a will made by the father of the possessor. With no evidence from either party, the person holding the land would keep possession. Under Section 102 IEA, the claimant would lose and therefore carried the burden of proof.
The burden could instead fall on the defending party when the basic claim was admitted. Suppose a person was sued on a bond (a written promise to pay money) and admitted signing it, but alleged fraud. If neither side gave evidence, the claimant would succeed because the bond was admitted and fraud was unproven. Therefore, the party alleging fraud had to prove it.
When Section 102 IEA Applies
- A suit or other legal proceeding is before a court.
- The court considers which party would lose the case if neither side presented any evidence.
- That party who would lose without evidence carries the burden of proof.
Example of Section 102 IEA
Section 102 IEA in the BSA
Section 102 IEA is now covered under Section 105 BSA.
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.
View detailed comparison (IEA 102 vs BSA 105) →FAQs on Section 102 IEA
What is Section 102 IEA?▼
Section 102 of the Indian Evidence Act, 1872 sets the test for deciding who carries the burden of proof in a suit or proceeding. It states that the burden rests on the party who would lose the case if neither side presented any evidence.
Does the burden of proof under Section 102 IEA always stay on the person who filed the suit?▼
No. If the defending party admits the main claim, such as signing a bond, but raises a defence like fraud, the claimant would win without evidence, so Section 102 IEA places the burden of proof on the defending party.
Who has the burden of proof under Section 102 IEA in a suit for land held by another person?▼
The claimant suing for the land has the burden of proof. If neither side gives evidence, the person holding the land keeps possession, so the claimant who relies on a will must prove that claim.
What is Section 102 IEA in BSA?▼
Section 105 BSA replaced Section 102 IEA on 1 July 2024. The rule and wording are unchanged.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·