Home Forums Evidence Act On whom the burden of proof lies?

1 reply, 2 voices Last updated by Adv. Priya Lohakare 3 months, 1 week ago
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    akshay kuntra

    On whom the burden of proof lies?


    Adv. Priya Lohakare

    Chapter VII of the Indian Evidence Act 1872 deals with the Burden of proof. Whoever desires any court to give Judgment as to any legal right or liability depends on the existence of facts which he aasserts, must prove that those facts exist. The burden of proof lies on that person who desires the court to give judgment with regard to any liability or legal right dependent on the existence of any facts which are asserted by him. You shall understand it better with the help of the below example:
    X has a gold necklace disappeared out of her jewelry box and she suspected her roommate Y took it. Here the burden proof lies on ‘X’ because she wants to believe the court to the existence of facts in issue.

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