IEA §103 → BSA §106
Burden of proof as to particular fact
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Comparison
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 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.
106. 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. A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
What changedAI-inferred
Burden of proof as to particular fact.
Old position
IEA 103 is concerned with Burden of proof as to particular fact. Burden of proof as to particular fact
New position
BSA 106 preserves the framework with drafting modernisations as required by the new code. Topic: The burden of proof as to any particular fact lies on that.. 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
BSA 106 (The burden of proof as to any particular fact lies on that.) preserves the framework of IEA 103. BSA 106 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 106 text: The burden of proof as...
Editorial deltaAI-indicated (source-linked)
BSA 106 (The burden of proof as to any particular fact lies on that.) preserves the framework of IEA 103. BSA 106 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 106 text: 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. A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 103 continues to apply. For matters from that date forward, BSA 106 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 106 (The burden of proof as to any particular fact 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 §103 → BSA §106 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/103.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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