IEA §102 → BSA §105
On whom burden of proof lies
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Comparison
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.
105. 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 Aby 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, whichAdenies. 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.
What changedAI-inferred
On whom burden of proof lies.
Old position
IEA 102 is concerned with On whom burden of proof lies. On whom burden of proof lies
New position
BSA 105 preserves the framework with drafting modernisations as required by the new code. Topic: The burden of proof in a suit or proceeding lies on that.. 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
BSA 105 (The burden of proof in a suit or proceeding lies on that.) preserves the framework of IEA 102. BSA 105 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 105 text: The burden of proof in a...
Editorial deltaAI-indicated (source-linked)
BSA 105 (The burden of proof in a suit or proceeding lies on that.) preserves the framework of IEA 102. BSA 105 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 105 text: 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 Aby the will of C, B's father. If no evidence were given on either side, B would be...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 102 continues to apply. For matters from that date forward, BSA 105 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 105 (The burden of proof in a suit or proceeding lies on that.). 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 §102 → BSA §105 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/102.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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