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.
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(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.
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