Section 100 in Indian Evidence Act 1872

Title: Saving of provisions of Indian Succession Act relating to wills

Description: Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act, 1865 1(10 of 1865) as to the construction of wills. 1. See now the Indian Succession Act, 1925 (39 of 1925), Pt. VI, Ch. VI.

Title: Burden of proof

Description: 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. Illustration (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.

Title: On whom burden of proof lies

Description: The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustration (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B.

Title: Burden of proof as to particular fact

Description: 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) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it. 1. Sic, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b).

Title: Burden of proving fact to be proved to make evidence admissible

Description: The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustration (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.