Section 145 of Indian Evidence Act - Burden of proof as to particular fact

Section 145 Indian Evidence Act Description

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) 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.

Click here to read more from the Indian Evidence Act - 1872.