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Report No. 185

Section 102

This section concerns the question: 'On whom burden of proof lies'. It reads as follows:

"102. 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."

There are two illustrations below Section 102.

The section again lays down an elementary proposition and we agree with 69th Report (see para 45.19) that Section 102 does not require any amendment.

Review of the Indian Evidence Act, 1872 Back

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