The Foreigners Act, 1946

9. Burden of proof. -

If in any case not falling under Section 8 any question arises with reference to this Act or any order made or direction given thereunder , whether any person is or is not a  foreigner or is or is not a foreigner of a particular class or description the onus the proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall notwithstanding anything contained in the Indian Evidence Act, 1872, (1 of 1972) lie upon such person.