Report No. 185

Section 103

This section relates to 'Burden of proof as to particular fact'. It reads as follows:

"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."

There is one illustration but is designated (a). (There is no illustration (b).) It states that if A alleges that B committed theft, A has to prove the fact. But, if B raises a plea of alibi; he has to prove it.

The section does not require any amendment. But in the illustration, the brackets and letter "(a)" can be dropped. It is recommended accordingly.