Section 103 Indian Evidence Act

IEA 103 : Section 103 of the Indian Evidence Act 1872:

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.

COMMENTS Plea of alibi Plea of alibi taken by accused, it is he who has to prove it; State of Haryana v. Sher Singh, AIR 1981 SC 1021: 1981 SC Cr R 317: 1981 Cr LJ 714: (1981) 2 SCC 300.

India's Important Case Laws and Landmark Judgments on IEA - Section 103 Indian Evidence Act 1872:

Pormanan vs P.Thiagarajan on 8 December, 2010 - Madras High Court 

S. Madasamy Thevar vs A.M. Arjuna Raja on 27 March, 2000 - Madras High Court 

Gautam vs The State Of Maharashtra on 6 July, 2010 - Bombay High Court 

Rishi Kesh Singh And Ors. vs The State on 18 October, 1968 - Allahabad High Court 

Parbhoo And Ors. vs Emperor on 16 September, 1941 - Allahabad High Court 

Curch Of South India Trustees vs M.P.Saleena Daniel @ Baby on 15 July, 2010 - Kerala High Court 

Smt.Sukhwati Bai vs Manphool Narwariya on 1 May, 2015 - Madhya Pradesh High Court 

Food Corporation Of India vs Presiding Officer And Anr. on 28 July, 1999 - Gauhati High Court 

Sawal Das vs State Of Bihar on 9 January, 1974 - Supreme Court of India 

Maulvi A.R.M. Abdul Wahed And Ors. vs Nagendra Chandra Lahiri And Ors. on 11 June, 1940 - Calcutta High Court