Indian Evidence Law | Updated October 2026
Section 103 Evidence Act: Burden of Proof as to a Particular Fact
A person who asks a court to accept a particular fact must ordinarily prove it, unless another law assigns that burden to someone else. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 is Section 106.
Current law: BSA Section 106Earlier law: Evidence Act Section 103Section 106 of the Bharatiya Sakshya Adhiniyam, 2023
Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), headed Burden of proof as to particular fact, provides:
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.
The BSA commenced on 1 July 2024. Its repeal-and-savings provision, Section 170, should be considered for proceedings pending when it commenced.
Former Section 103 of the Indian Evidence Act, 1872
Section 103 of the Indian Evidence Act, 1872, contained the same general rule:
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.
For proceedings governed by the BSA, cite Section 106 BSA rather than treating the repealed Section 103 as the current provision.
Meaning of Burden of Proof as to a Particular Fact
Burden of proof means the legal obligation to establish a fact before the court to the applicable standard. A particular fact is a specific assertion made to support a party's case or defence, such as a claimed admission, an alibi or the execution of a document.
The rule asks a straightforward question: Who wants the court to believe this particular assertion? That person ordinarily must produce admissible evidence supporting it. The qualification unless it is provided by any law means a specific statutory rule may place the burden elsewhere.
This provision concerns proof of individual facts. It does not by itself transfer the prosecution's overall duty to prove the elements of a criminal offence beyond reasonable doubt, or change the standard of proof in civil litigation.
Statutory Illustrations
Illustration (a): Alleged admission of theft
A prosecutes B for theft and wishes the Court to believe that B admitted the theft to C. A must prove the admission.
The prosecution cannot merely assert that C heard a confession or admission. It must establish the alleged statement by legally admissible evidence, subject to the special rules governing confessions and admissions.
Illustration (b): Accused claims to have been elsewhere
B wishes the Court to believe that, at the time in question, he was elsewhere. B must prove that fact.
This illustrates the burden associated with a claimed alibi. The accused's failure to establish an alibi does not, by itself, establish guilt: the prosecution must still prove its case to the required standard.
Historical editorial note: The original uploaded article notes that the 1872 Gazette publication did not contain an illustration (b). That historical annotation is retained here as a note about the former enactment's publication, not as a limitation on the modern statutory rule.
Related Provisions on Burden of Proof
- BSA Section 104 (former Evidence Act Section 101): The party seeking a judgment based on asserted facts must prove those facts.
- BSA Section 105 (former Section 102): The burden in a suit or proceeding lies on the party who would fail if neither side gave evidence.
- BSA Section 106 (former Section 103): The person asking the court to believe a particular fact ordinarily bears the burden of proving that fact.
- BSA Section 107 (former Section 104): A person relying on evidence must prove any preliminary fact required to make that evidence admissible.
- BSA Section 108 (former Section 105): Addresses proof of circumstances bringing an accused within an applicable general or special exception.
- BSA Section 109 (former Section 106): Addresses facts especially within a person's knowledge.
These rules work together. The initial legal burden, the obligation to establish an individual fact and the evidential consequences of particular defences must be assessed separately.
Practical Application
Claiming a payment was made
If a defendant says a debt has already been paid and asks the court to accept that payment as a fact, payment receipts, bank records or other admissible evidence may be required to establish the assertion.
Disputing a signature
If a party relies on an assertion that a document bears a forged signature, the allocation of the burden depends on the pleadings, the document's role in the case and any applicable special rules. Section 106 does not displace other requirements for proving documents.
Raising an alibi
Where an accused asserts that they were in another city at the relevant time, reliable travel records, witnesses or other evidence may support that specific assertion. The prosecution nevertheless retains its obligation to prove the charged offence.
Frequently Asked Questions
What is the current equivalent of Section 103 of the Evidence Act?
Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision.
Who must prove a particular fact?
Ordinarily, the person who wishes the court to believe that fact, unless another law provides otherwise.
Does an accused have to prove innocence?
No. The prosecution retains the general obligation to prove guilt beyond reasonable doubt. An accused who relies on a specific fact, such as an alibi, may bear a burden concerning that assertion, without reversing the prosecution's fundamental burden.
What is the difference between BSA Sections 104 and 106?
Section 104 addresses the general burden on a party seeking a legal judgment. Section 106 concerns who must establish an individual disputed fact.
Official Legislation and Sources
Consult the Bharatiya Sakshya Adhiniyam, 2023 (official Act PDF), especially Sections 104 to 109 and 170, and the India Code portal for legislative text and amendments.
This article provides general legal information. The applicable evidentiary rules and burdens depend on the nature of the proceeding, the facts and any special law.