IEA §101 → BSA §104
Burden of proof
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Comparison
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. 1. See now the Indian Succession Act, 1925 (39 of 1925), Pt. VI, Ch. VI. (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.
104. 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, and 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.Amust prove the existence of those facts.
What changedAI-inferred
Burden of proof.
Old position
IEA 101 is concerned with Burden of proof. Burden of proof
New position
BSA 104 preserves the framework with drafting modernisations as required by the new code. Topic: Illustrations.. 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, and when a person is bound to prove the existence of any fact, it is said
BSA 104 (Illustrations.) preserves the framework of IEA 101. BSA 104 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 104 text: Whoever desires any Court to give judgment as to any legal right or...
Editorial deltaAI-indicated (source-linked)
BSA 104 (Illustrations.) preserves the framework of IEA 101. BSA 104 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 104 text: 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, and 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 101 continues to apply. For matters from that date forward, BSA 104 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 104 (Illustrations.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §101 → BSA §104 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/iea/101.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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