Section 102 Indian Evidence Act 1872
Section 102 of the Indian Evidence Act 1872 is about ‘On whom burden of proof lies’. It is under Chapter VII of the Act. Chapter VII is titled ‘OF THE BURDEN OF PROOF‘.
On whom burden of proof lies
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.
Illustrations
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.
If no evidence were given on either side, B would be entitled to retain his possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies.
If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved.
Therefore the burden of proof is on B.
See also:
Section 101 Indian Evidence Act 1872 (Burden of proof)