Section 104 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 104 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 establishes a fundamental principle in legal proceedings: the burden of proof. This principle dictates that the party asserting a claim or fact must provide evidence to support it.(myjudix.com)
๐ Text of Section 104
Section 104 โ 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, 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.(thebharatiyanyayasanhita.in)
โ๏ธ Legal Significance
This section reinforces the principle that the party making a claim or assertion carries the responsibility to prove it. It ensures fairness in legal proceedings by preventing unsubstantiated claims from influencing the court's judgment.(legalbites.in)
๐งพ Illustrations
Criminal Case: If Person A accuses Person B of committing a crime, Person A must provide evidence to prove that Person B committed the crime.
Civil Dispute: If Person A claims ownership of land currently in Person B's possession, Person A must provide evidence supporting their claim to ownership.(apnilaw.com)
๐งญ Practical Application
In both civil and criminal cases, the burden of proof ensures that the party making a claim substantiates it with credible evidence. Failure to meet this burden can result in the court dismissing the claim or ruling in favor of the opposing party.(apnilaw.com)
๐ Summary
Who Must Prove: The party asserting a claim or fact.(legalbites.in)
Purpose: To ensure that claims are substantiated with evidence, maintaining fairness in legal proceedings.
Outcome of Failure: Potential dismissal of the claim or judgment in favor of the opposing party.(apnilaw.com)
Understanding the burden of proof is crucial for all parties involved in legal proceedings, as it dictates the responsibility to substantiate claims with evidence.(apnilaw.com)
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