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Under Section 104 of the Bharatiya Sakshya Adhiniyam, the nature of burden of proof is—

Section 104 places the legal burden on the person seeking a judgment based on facts that person asserts. This burden is fixed for the relevant issue, whereas the evidential…

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Under Section 104 of the Bharatiya Sakshya Adhiniyam, the nature of burden of proof is—

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Section 104 places the legal burden on the person seeking a judgment based on facts that person asserts. This burden is fixed for the relevant issue, whereas the evidential onus may shift as one party produces evidence calling for an answer from the other. The distinction is between responsibility for ultimately proving the asserted case and the practical need to produce further evidence.

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