Section 103 IEA: Burden of proof as to particular fact
Indian Evidence Act, 1872
Section 103 IEA at a Glance
Section 103 IEA deals with burden of proof as to particular fact. From 1 July 2024 it is replaced by Section 106 BSA.
Section 103 IEA Bare Act Text
103. 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.
Illustrations(a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission.
(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
Source: Section 103, Indian Evidence Act, 1872
Section 103 IEA in Simple Words
Section 103 of the Indian Evidence Act, 1872 decides who must prove a specific fact in court. Section 103 IEA 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 it. In the illustrations to the Act, a prosecutor brings a theft case against an accused person. If the prosecutor claims the accused person admitted the theft to a witness, the prosecutor must prove that admission. If the accused person claims to have been 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 103 IEA 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 103 IEA
When Section 103 IEA Does Not Apply
- The rule in Section 103 IEA does not apply when any law places the duty of proving that specific fact on a particular person.
Section 103 IEA in the BSA
Section 103 IEA is now covered under Section 106 BSA.
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.
View detailed comparison (IEA 103 vs BSA 106) →FAQs on Section 103 IEA
What is Section 103 IEA?▼
Section 103 of the Indian Evidence Act, 1872 states that a person who wants the court to believe a specific fact must prove that fact. This duty applies unless another law places the burden of proving that fact on a particular person.
Does an accused person have to prove a claim of being elsewhere when the offence happened?▼
Yes. Under the illustration to Section 103 IEA, if an accused person wants the court to believe that the accused person was elsewhere at the relevant time, the accused person must prove that fact.
Does the prosecutor have to prove an admission made by the accused person to a witness?▼
Yes. Under the illustration to Section 103 IEA, a prosecutor who wants the court to believe that the accused person admitted a theft to another person must prove that admission.
What is Section 103 IEA in BSA?▼
Section 106 BSA. 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, Indian Evidence Act, 1872 ·