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Indian Evidence Act, 1872

Section 102

On whom burden of proof lies

Quick Answer Reference: Section 102 IEA

  • Provision: Section 102 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 102 of IEA say?

The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

Indian StandardSection 102, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 102 (India)
Court Pleading StandardSection 102 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/102

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

Common Questions about Section 102 IEA

What is Section 102 of IEA?

Section 102 of the Indian Evidence Act, 1872 (IEA) defines and regulates "On whom burden of proof lies". The section states: The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side....

What replaced Section 102 of IPC in BNS?

Section 102 of the Indian Penal Code (IPC) was replaced by Section 97 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.

Law Transition Mapping
Replaced by New Law
This SectionSection 102Indian Evidence Act (IEA)
New LawSection 97Bharatiya Sakshya Adhiniyam (BSA)

✓ No material change in the provision.

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

Landmark Judgments under Section 102 IEA

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 102