Evidence Act 1872 Section 147

Evidence Act Section 147 addresses the burden of proof, specifying which party must prove a fact in dispute. It is crucial in both civil and criminal cases to determine who is responsible for presenting evidence to establish a fact.

Understanding this section helps litigants, lawyers, and judges allocate the responsibility of proof correctly, ensuring fair trial procedures and proper evaluation of evidence.

Evidence Act Section 147 – Exact Provision

This section means that the party asserting a fact must prove it unless a specific law assigns the burden to the other side. It ensures clarity on who must produce evidence for a fact to be accepted by the court.

• The burden lies on the party asserting the fact.

• Exceptions exist when law assigns burden differently.

• Applies to both civil and criminal proceedings.

• Clarifies responsibility in evidentiary disputes.

Explanation of Evidence Act Section 147

This section states that the party who wants the court to accept a fact must prove it, unless a law says otherwise.

• Who it affects: plaintiffs, defendants, accused, prosecution, and courts.

• Key requirement: proving the existence of a fact on which a party relies.

• Triggering event: when a fact is disputed or in issue.

• Admissible evidence must be presented by the party bearing the burden.

• Inadmissible: failure to produce evidence may lead to adverse inference.

Purpose and Rationale of Evidence Act Section 147

This section ensures that the party making a claim or assertion must prove it, promoting fairness and preventing baseless claims. It helps courts focus on evidence presented and supports judicial truth-finding.

• Ensures reliable evidence is produced.

• Promotes fairness between parties.

• Prevents misuse by requiring proof for claims.

• Strengthens the process of finding the truth.

When Evidence Act Section 147 Applies

This section applies whenever a fact is disputed in civil or criminal cases. Either party may invoke it to clarify who must prove a fact. It guides courts on burden allocation during trials.

• Applies in civil suits and criminal trials.

• Invoked when facts are contested.

• Limits: overridden by specific legal provisions.

• Exceptions include statutory burdens or presumptions.

Burden and Standard of Proof under Evidence Act Section 147

The burden of proof lies on the party asserting the fact. In civil cases, the standard is usually preponderance of probabilities, while in criminal cases, it is beyond reasonable doubt. Section 147 works alongside Sections 101 to 114, which deal with presumptions and shifting burdens.

• Burden lies on the party asserting the fact.

• Standard varies: preponderance (civil), beyond reasonable doubt (criminal).

• Interacts with Sections 101–114 on presumptions.

Nature of Evidence under Evidence Act Section 147

This section concerns the responsibility to prove facts rather than the type of evidence. It applies to oral, documentary, and circumstantial evidence. It does not limit evidence types but focuses on who must present them.

• Relates to burden, not admissibility.

• Applies to all evidence forms.

• No procedural restrictions imposed.

Stage of Proceedings Where Evidence Act Section 147 Applies

Section 147 applies mainly during the trial stage when parties present evidence. It may also influence investigation and appeal stages when proof issues arise.

• Trial stage: primary application.

• Investigation: indirectly relevant.

• Appeal: challenges on proof allocation.

• Cross-examination: assessing burden fulfillment.

Appeal and Challenge Options under Evidence Act Section 147

Decisions on burden of proof can be challenged on appeal or revision. Higher courts review whether the burden was correctly allocated and if evidence sufficed. Appellate courts defer to trial courts unless errors affect justice.

• Appeal and revision available.

• Higher courts review burden allocation.

• Timely challenge essential.

Example of Evidence Act Section 147 in Practical Use

In a civil suit, X claims that Y owes him money. Under Section 147, X must prove the debt's existence by producing documents or witnesses. If X fails, the court may dismiss the claim. This shows how burden lies on the claimant to establish facts.

• Claimant must prove asserted facts.

• Failure to prove leads to adverse outcomes.

Historical Background of Evidence Act Section 147

Introduced in 1872, this section codified the principle that the party asserting a fact must prove it. Historically, courts followed this rule to ensure fairness. Judicial interpretations have clarified exceptions and interplay with presumptions.

• Established burden principle in 1872.

• Courts applied it to allocate proof responsibility.

• Judicial evolution refined its scope.

Modern Relevance of Evidence Act Section 147

In 2026, Section 147 remains vital for fair trials. It applies equally to electronic and traditional evidence. With digital records, the burden of proof guides parties on presenting admissible proof in e-courts.

• Applies to digital and electronic evidence.

• Supports judicial reforms for transparency.

• Essential in modern trial procedures.

Related Evidence Act Sections

• Evidence Act Section 101 – Burden of Proof

  – Defines who must prove facts in issue, closely linked with Section 147.

• Evidence Act Section 102 – On Whom Burden of Proof Lies

  – Details burden allocation in civil cases.

• Evidence Act Section 103 – Burden of Proof as to Particular Fact

  – Explains burden on proving specific facts.

• Evidence Act Section 114 – Court May Presume Existence of Certain Facts

  – Addresses presumptions affecting burden.

• CrPC Section 101 – Burden of Proof in Criminal Cases

  – Complements Evidence Act provisions on burden.

Case References under Evidence Act Section 147

1. State of Uttar Pradesh v. Rajesh Gautam (2003, AIR 2003 SC 3052)

   – Burden lies on party asserting fact unless law provides otherwise.

2. Ram Chander v. Union of India (1995, AIR 1995 SC 123)

   – Clarified burden distribution in civil claims.

3. Ramesh Chander Kaushal v. Kaushal Kishore (1965, AIR 1965 SC 845)

   – Affirmed burden principles in criminal context.

Key Facts Summary for Evidence Act Section 147

• Section:

  147

• Title:

  Burden of Proof on Proving Facts

• Category:

  Burden of proof

• Applies To:

  Plaintiffs, defendants, accused, prosecution, courts

• Proceeding Type:

  Civil and criminal

• Interaction With:

  Sections 101–114 on burden and presumptions

• Key Use:

  Assigns responsibility to prove facts in dispute

Conclusion on Evidence Act Section 147

Section 147 is fundamental in Indian evidence law, clearly assigning the burden of proof to the party asserting a fact. This ensures that claims and defenses are supported by evidence, promoting fairness and judicial efficiency.

By understanding this section, legal practitioners can better prepare cases and judges can fairly evaluate evidence, leading to just outcomes in both civil and criminal matters.

FAQs on Evidence Act Section 147

Who carries the burden of proof under Section 147?

The party who wants the court to believe a fact carries the burden of proof, unless a specific law assigns it differently.

Does Section 147 apply to both civil and criminal cases?

Yes, it applies to all cases where a fact is disputed, guiding who must prove the fact.

What happens if the party fails to prove the fact?

If the party fails, the court may reject their claim or defense related to that fact.

How does Section 147 relate to Sections 101 to 114?

Section 147 complements these sections, which deal with burden of proof and presumptions affecting proof requirements.

Can the burden of proof shift under this section?

Section 147 states the general rule, but burden can shift based on law or presumptions established in other sections.