Section 101 Indian Evidence Act 1872
Section 101 of the Indian Evidence Act 1872 is about ‘Burden of proof’. It is under Chapter VII of the Act. Chapter VII is titled ‘OF THE BURDEN OF PROOF‘.
Burden of proof
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.
Illustrations
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.
See also:
Section 100 Indian Evidence Act 1872 (Saving of provisions of Indian Succession Act relating to wills)