Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023Burden of Proof [Sections 104–114]
1. Meaning of Burden of Proof
The burden of proof refers to the legal obligation placed upon a person to prove the facts which he asserts before a court or authority. Whenever a person seeks a judgment, decree, or order in his favour based on certain facts, it is his duty to establish the truth of those facts by leading evidence.
In simple terms, he who asserts must prove. If the party on whom the burden lies fails to prove the asserted facts, the court cannot grant the relief sought.
Sections 104 to 114 of the Bharatiya Sakshya Adhiniyam, 2023 collectively lay down the general and special rules relating to the burden of proof.

2. Statutory Principle
A person is said to bear the burden of proof when:

• He asserts the existence of certain facts, and
• He seeks a legal consequence (judgment, order, or relief) on the basis of those facts.

The burden lies on that person to establish the existence of such facts to the satisfaction of the court.

3. Illustrations
Illustration (a): Criminal Case
A desires the Court to punish B for a crime which A alleges B has committed.
Here, the burden of proof lies on A, and A must prove beyond reasonable doubt that B committed the crime.
Illustration (b): Civil Case
A desires the Court to declare that he is entitled to certain land in the possession of B, based on facts asserted by A and denied by B.
Here, the burden of proof lies on A, who must prove the existence of those facts on which his claim is based.

4. Scope of Sections 104–114
Sections 104–114 form a complete code on the law relating to burden of proof and include:

• General rules regarding who must prove a fact (Sections 104–106);
• Special rules dealing with admissibility of evidence, exceptions, special knowledge, presumptions, ownership, relationships, and good faith (Sections 107–114);
• Rules that determine how and when the burden may shift due to presumptions or special circumstances.

These provisions apply to both civil and criminal proceedings, subject to the differing standards of proof.

5. Nature of Burden of Proof

• The burden of proof is a rule of law, not discretion.
• It determines which party must ultimately fail if the evidence is evenly balanced or absent.
• The burden remains constant throughout the proceedings, though the onus of producing evidence may shift from one party to another.

6. Object and Rationale
The object of placing the burden of proof on the person asserting a fact is:

• To ensure fairness in adjudication;
• To prevent frivolous or unsupported claims;
• To promote certainty and judicial discipline.

Since courts decide disputes on the basis of evidence, a party who approaches the court must justify his claim by proving the facts on which it is founded.

7. Conclusion
Sections 104–114 of the Bharatiya Sakshya Adhiniyam, 2023 lay down the foundational principles governing the burden of proof. The law mandates that a person who seeks a judgment or legal relief must prove the facts on which his claim rests. Failure to discharge this burden results in failure of the claim, thereby ensuring fairness, accountability, and logical adjudication in the administration of justice.