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.

Section 103 - Burden of proof as to particular fact

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

1 [(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.

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.

Illustrations

(a) When a person does an act with some intention other than that which the character and
circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a
ticket is on him

https://www.srdlawnotes.com/2016/12/the-provisions-regarding-facts-which.html?m=1The term
'Fact' means an 'an existing thing'  But under Evidence Act, the meaning of the word is not limited to only what is tangible and visible
or, is in any way, the object of senses.

According to  Section 3 of The Indian Evidence Act, 1872 Fact means and includes : 

1) any thing, state of things or relation of things capable of being perceived by the senses. 

A) Physical facts - It means and includes anything, state of a thing or relation of things, capable of being perceived by senses. In other
words, all facts which are subject to the perception by bodily senses are physical facts .  They are also called external facts. 

B) Psychological facts - Those facts, which cannot be perceived by senses are 'Psychological Facts' They are also known as internal
facts. Examples- Intention (Mens Rea) knowledge, good faith, fraud etc. 

It is a general rule that , the party to the suit must prove his case by producing oral or documentary
evidence.  Part II of the Indian Evidence Act deals with the manner in which facts received in evidence under
Part I May be given in evidence. The party who wishes the Court to believe in the existence of a fact, must
prove it. However, exceptions to this general rule are provided under Chapter III of the Indian Evidence Act.

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In case of a private or public document where there is a denial of the existence

and contents then in that case it would be necessary to prove such document
by way of the ordinary method of proof of documents and their contents. It
matters not that the document is a public document. The Bombay High Court
has in Om Prakash Berlia v. Unit Trust of India [8] held that even a public
document requires proof in the ordinary course and it is not that a public
document is proved by its mere production by a public authority where the
contents are disputed.