Introduction 

• The Bharatiya Sakshya Adhiniyam, 2023 (BSA), earlier the Indian Evidence Act, 1872 (IEA) is a crucial piece of legislation that governs the admissibility of evidence in Indian courts.  
• One of the key principles enshrined in this act is the concept of the burden of proof, which determines which party is responsible for proving a particular fact in a legal proceeding.  
• Chapter VII of BSA states the provisions of the Burden of Proof. 
• These provisions collectively aim to create a balanced approach to proving facts and establishing legal presumptions, ensuring that the responsibility for evidence is placed on the party best positioned to provide it. 
• The burden of proof refers to the obligation of a party in a legal dispute to prove their claims or assertions.  
• Under the BSA, the burden of proof is primarily governed by Section 104 to Section 114. 
• These Sections delineate the responsibilities of the parties involved in a case and establish the standards for presenting evidence. 

Key Provisions related to Burder of Proof 

• Section 104: Burden of Proof 
  • Section 104 of the BSA states that the burden of proof lies on the party who asserts the existence of any fact.  
  • This means that if a party claims that a certain fact is true, it is their responsibility to provide evidence supporting that claim.  
  • For example, in a criminal case, the prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt. 
• Section 105: On whom Burden of Proof Lies 
  • Section 105 clarifies that the burden of proof in civil cases lies on the party who would fail if no further evidence were presented.  
  • This section emphasizes that the party making the claim must substantiate it with adequate evidence, while the opposing party may only need to counter the evidence presented. 
• Section 106: Burden of Proof as to Particular Facts 
  • Section 106 of BSA addresses situations where a party wishes to rely on a particular fact that is not part of the general burden of proof.  
  • In such cases, the party must prove the existence of that specific fact. 
• Section 107: Burden of proving Fact to be proved to make Evidence Admissible
  • Section 107 of BSA states that the burden of proving a fact that is essential to the case lies on the party who wishes to rely on that fact.  
  • This section reinforces the principle that parties must provide evidence for the facts they intend to use in their arguments.
• Section 108: Burden of proving that Case of Accused comes within Exceptions 
  • Section 108 of BSA states that when someone is accused of an offense, the responsibility lies with the accused to prove that their actions fall under any general or special exceptions outlined in the law. 
  • The court will assume that such exceptional circumstances do not exist unless proven otherwise.  
  • This means the accused must actively demonstrate why their actions should be considered exempt from typical legal consequences.
• Section 109: Burden of proving Fact especially within Knowledge
  • Section 109 of BSA states that in legal proceedings, if a specific fact is something that only a particular person would know intimately, that person bears the burden of proving such a fact.  
  • This principle ensures that individuals with direct, unique knowledge are responsible for substantiating claims that only they can effectively explain.
• Section 110: Burden of proving Death of Person known to have been alive within Thirty years 
  • Section 110 of BSA states regarding questions of life and death, the legal system has specific rules for establishing proof.  
  • If it can be shown that a person was alive within the past 30 years, anyone claiming that the person is now dead must provide evidence to support that assertion. 
• Section 111: Burden of proving that person is alive who has not been heard of for seven years. 
  • Section 111 states if someone has not been heard from for seven years by people who would typically be in contact with them (such as family or close friends), the burden shifts to those claiming the person is still alive to prove their existence.
• Section 112: Burden of proof as to Relationship in the cases of Partners, Landlord and Tenant, Principal and Agent 
  • Section 112 states that the law also addresses presumptions in certain relationship contexts.  
  • When individuals have been demonstrably acting as partners, landlord and tenant, or principal and agent, anyone claiming that such a relationship does not exist or has ended must provide proof to support their claim.  
  • This approach prevents unnecessary disputes by placing the burden of proof on the party challenging an apparently existing relationship.
• Section 113: Burden of Proof as to Ownership 
  • Section 113 states that in matters of ownership, if someone is found in possession of something, they are presumed to be the owner.  
  • Anyone challenging this ownership must provide evidence to prove that the possessor is not the actual owner.  
  • This principle protects current possessors and provides a clear standard for establishing ownership.
• Section 114: Proof of Good Faith in transactions where one party is in relation of Active Confidence 
  • Section 114 states that in transactions involving parties with unequal power dynamics, particularly where one party is in a position of active confidence (such as a fiduciary relationship), the burden of proving the transaction's good faith falls on the party in the more powerful position.  
  • This rule helps protect vulnerable parties from potential exploitation by requiring those with greater influence to demonstrate the fairness and integrity of their actions. 

Implications of the Burden of Proof 

• The burden of proof has significant implications for the conduct of legal proceedings. 
• It influences the strategies employed by both parties, as they must carefully consider how to present their evidence and arguments.  
• Additionally, the burden of proof plays a critical role in ensuring fairness in the judicial process, as it prevents parties from making unfounded claims without the requisite evidence. 

Conclusion 

The burden of proof under the BSA is a fundamental principle that shapes the landscape of legal proceedings in India. By clearly delineating the responsibilities of the parties involved, the Act ensures that justice is served through a fair and equitable process. Understanding the nuances of the burden of proof is essential for legal practitioners, as it directly impacts the outcome of cases across various domains of law.