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Bharatiya Sakshya Adhiniyam, 2023

Section 106, BSA: Burden of proof as to particular fact

Pundora · Published 3 October 2026

Section 106 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.

What it replaces

BSA provisionEvidence Act provisionRelation
Section 106Section 103corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.

The section

106. 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. 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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Sakshya Adhiniyam, 2023, section 106 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.