Burden of proof as to particular fact:
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.
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Illustration:
(a) A prosecutes В for theft, and wishes the Court to believe that В admitted the theft to C. A must prove the admission.
В wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
Comments:
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Section 103 provides for proof of some one particular fact. It is an exception to the general principle laid down in Section 101 of the Evidence Act. According to Section 103 whenever a party wishes the court to believe and to act upon the existence of a particular fact, the party will have to prove the particular fact. For example, in criminal case the accused guilt must be proved by the prosecution. But, if the accused wishes to prove a particular fact, namely, at the time of crime he was away, he must prove it.
In law the particular fact is termed as alibi. The law requires that a party can take the plea of alibi if he wants to take any such advantage. Plea of alibi taken by the accused, it is he who has to prove it. The owner of a motor lorry killed two persons and took the defense that the cause of accident was due to mechanical failure of brakes and the steering wheel, the burden was upon the owner to prove the fact. Where a person claimed the preferential allotment of plots under certain rules, the burden of proving the entitlement to preferential allotment of plots was on him.