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Indian Evidence Act, 1872

Section 101

Burden of proof

Quick Answer Reference: Section 101 IEA

  • Provision: Section 101 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 101 of IEA say?

Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Indian StandardSection 101, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 101 (India)
Court Pleading StandardSection 101 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/101

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 101 IEA

What is Section 101 of IEA?

Section 101 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Burden of proof". The section states: Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person...

What replaced Section 101 of IPC in BNS?

Section 101 of the Indian Penal Code (IPC) was replaced by Section 96 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.

Law Transition Mapping
Replaced by New Law
This SectionSection 101Indian Evidence Act (IEA)
New LawSection 96Bharatiya Sakshya Adhiniyam (BSA)

✓ No material change in the provision.

View New Law Equivalent →Compare Side-by-Side →
Landmark Case Laws

Landmark Judgments under Section 101 IEA

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 101