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.
Illustration
1[(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.
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1. Sic, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b).
Section 102 On whom burden of proof lies
Section 103 Burden of proof as to particular fact
Section 104 Burden of proving fact to be proved to make evidence admissible
Section 105 Burden of proving that case of accused comes within exceptions
Section 106 Burden of proving fact especially within knowledge
Section 107 Burden of proving death of person known to have been alive within thirty years
Section 108 Burden of proving that person is alive who has not been heard of for seven years