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Burden of proof under BSA (Bharatiya Sakshya Adhiniyam)

Introduction:


Under Chapter VII of Bharatiya Sakshya Adhiniyam, 2023 (BSA), the concept of burden of proof is laid down. This article will explore the sections relating to burden of proof under Bharatiya Sakshya Adhiniyam, 2023 (BSA).


Section 104 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 104 establishes a fundamental principle of legal proceedings – the party asserting a legal right or liability must substantiate their claim by proving the existence of necessary facts. It places the burden of proof on the person making the assertion.


Example:


- A desires punishment for B on a crime; A must prove B's commission of the crime.


Section 105 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 105 refines the principle laid out in Section 104 by asserting that the onus of proof rests on the party who would suffer if no evidence were presented. This ensures that the party making a positive claim bears the responsibility of proving that claim.


Section 106 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 106 complements the preceding sections by specifying that the burden of proving any particular fact lies with the party wishing the court to believe in its existence.


Example:


- A is prosecuting B for theft in Delhi. B wishes to prove that he was in Mumbai at the time of incident. Here, the burden of proving this fact will be upon B.


Section 107 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 107 extends the burden of proof to include facts necessary for presenting evidence. It stipulates that the burden rests on the person wishing to introduce such evidence, ensuring a logical and coherent presentation of facts.


Example:


- A wishes to prove a dying declaration by B; A must prove B's death before proving the dying declaration.


Section 108 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 108 addresses situations where the burden of proof shifts, especially in criminal cases. It places the burden on the accused to establish circumstances falling within general or special exceptions.


Example:


- A accused of murder is alleging unsoundness of mind; the burden of proof of proving this fact will be upon A.


Section 109 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 109 asserts that when any fact is particularly within the knowledge of a person, the burden of proving that fact lies squarely on that individual.


Example:


- A person performing an act with an intention different from its apparent character; the burden of proving that intention is on that person.


Section 110 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 110 addresses cases where the question is whether a person is alive or dead. It stipulates that if a person was known to be alive within thirty years, the burden of proving their death lies on the person affirming it.


Example:


- If it is questioned whether a person is alive or dead, and they were known to be alive within thirty years, the burden of proving their death rests on the person claiming the same.


Section 111 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 111 further addresses the question of a person's life or death. If someone has not been heard of for seven years by those who would naturally have heard of them if alive, the burden of proving they are alive shifts to the person affirming it.


Example:


- If it is questioned whether a person is alive or dead, and no one has heard of them for seven years, the burden of proving they are alive shifts to the person claiming the same.


Section 112 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 112 deals with questions regarding relationships such as partners, landlord and tenant, or principal and agent. It specifies that if parties have been acting as such, the burden of proving they do not stand in those relationships falls on the person affirming it.


Example:


- In a dispute over whether two individuals are partners, if their actions suggest a partnership, the burden of proving otherwise lies on the person denying the partnership.


Section 113 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 113 extends the principles to cases where the question is about ownership. If a person is in possession of something and is alleged to be the owner, the burden of proving they are not the owner rests on the person denying ownership.


Example:


- If A is in possession of an item, and B claims A is not the owner, the burden of proving ownership lies on B.


Section 114 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)


Section 114 discusses the question of good faith in transactions, emphasizing that the burden of proving good faith lies on the party in a position of active confidence.


Example:


- In a sale between a client and an advocate, if the client questions the good faith of the transaction, the burden is on the advocate to prove the transaction's good faith.


Frequently Asked Questions (FAQs) on Burden of Proof under Bharatiya Sakshya Adhiniyam (BSA), 2023:


Q1: What is the fundamental principle established by Section 104 of BSA?

A1: Section 104 establishes the principle that the party asserting a legal right or liability must prove the existence of underlying facts, placing the burden of proof on the person making the assertion.


Q2: When does the burden of proof shift to the accused, as specified in Section 108?


A2: Section 108 states that the burden shifts to the accused to establish circumstances falling within general or special exceptions, ensuring fairness in legal proceedings.


Q3: How does Section 109 affect the burden of proof?


A3: Section 109 asserts that when a fact is within the knowledge of a person, that person bears the burden of proving it, emphasizing fairness in substantiating relevant facts.


Q4: What scenario does Section 110 address concerning a person's life or death?


A4: Section 110 applies when the question is whether a person is alive or dead. If the person was known to be alive within thirty years, the burden of proving their death lies on the person affirming it.


Q5: How does Section 112 deal with questions regarding relationships?


A5: Section 112 specifies that if parties have been acting as partners, landlord and tenant, or principal and agent, the burden of proving they do not stand in those relationships falls on the person affirming it.


Q5: What is the emphasis of Section 114 on transactions?


A5: Section 114 discusses the question of good faith in transactions, emphasizing that the burden of proving good faith lies on the party in a position of active confidence.


Burden of proof under BSA (Bharatiya Sakshya Adhiniyam)



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