Burden of proof Section 101 to 106

Introduction
Duty to proof disputed fact, to prove the disputed charge.
Always lies upon the party who asserts the fact.

*Section 101
When a person is bound to prove the existence of any fact, it
is said that the burden of proof lies on that person.
Explanation: the party has to bear the burden because it is
essential to prove that fact exists. The plaintiff has to proven
beyond doubt existence of the fact.

*Section 102
On whom burden of proof lies: the party who has been said
to lose the case the burden of proof lies upon him
Explanation the failing party as in to prove the existence of
fact has to bear the burden of proof as in to discharge the
party to prove.

*Section 103
Burden of proof as to particular fact: as to the matter of
particular fact it is upon the party to prove the existence of
that particular fact
Explanation as unless it is provided by any law that the proof
of that fact shall lie on any particular person.

*Section 104
Burden of proving fact to be proved to make evidence
Admissible: the burden of proving any fact to make its
existence as matter upon the court to adjudge, it is the
duty of the party to enable person to give evidence of
any other fact
Explanation to make such fact admissible in the court
of law it is the duty of the party to give such evidence
which is by fact necessary in order to make believe the
court the existence of such fact.
Eg. Section 65: in case the existence of natural
evidence being lost than the secondary evidence in its
unnatural form is acceptable
*Section 105
Burden of proving that case of accused comes within
exceptions: the burden of proving the existence of
circumstances bringing the case within any of the
general exception in the Indian penal code (45 of
1860), or any within any special existence or proviso
contained in any other part of the same code, or in any
law defining the offence, is upon him and the court
shall the absence of such circumstance.
Explanation- where the party with existence of fact
falls within the exception where any special proviso is
provided in the code or any law which exempts the
party from the liability in such circumstance.
Eg- the prosecution charges for murder but the
exemption is claimed on the possibility of grave and
sudden provocation there are chances that the
punishment can be reduced or the act of murder can
be nullified.
*Section 106
Burden of proving fact especially within knowledge:
When any fact is especially within the knowledge of
any person, the burden of proving that fact is upon
him.
Explanation – in case where the party has knowledge
to existence of the fact, party is duty bound to prove
that fact beyond doubt.