Indian Evidence Act, 1872

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Sections	Particulars
Chapter VII	The Burden Of Proof
102	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. Illustrations (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 fatherIf no evidence were given on either side, B would b 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, by 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.