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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter VII

OF THE BURDEN OF PROOF

Burden of proof as to particular fact

103. 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.


  • 1
    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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