Evidence Act 1872 Section 153

Evidence Act Section 153 deals with the burden of proof, which is the duty to prove the facts one asserts in a legal proceeding. This section clarifies that whoever desires a court to believe a fact must prove it, unless the law states otherwise. Understanding this section is vital for both civil and criminal cases to determine which party must present evidence.

Knowing who carries the burden of proof helps litigants and courts allocate responsibility properly. It ensures fairness by requiring the party making a claim to support it with evidence. This section underpins many other rules about presumptions and standards of proof in Indian law.

Evidence Act Section 153 – Exact Provision

This section states a fundamental principle: the party who wants the court to decide in their favor based on certain facts must prove those facts. It applies unless a specific law shifts the burden. This rule is the foundation for deciding who must produce evidence and how the court evaluates claims.

• The burden lies on the party asserting a fact.

• Applies to both civil and criminal cases unless law provides otherwise.

• Ensures parties cannot win without evidence supporting their claims.

• Supports judicial fairness and truth-finding.

Explanation of Evidence Act Section 153

This section establishes the basic rule about who must prove facts in court. It affects all parties involved in litigation, including plaintiffs, defendants, accused, witnesses, and the court itself.

• States that the party asserting a fact must prove it.

• Affects litigants in civil suits and accused or prosecution in criminal trials.

• Requires presentation of evidence to support claims or defenses.

• Triggers when a party makes a factual assertion affecting legal rights or liabilities.

• Admissibility depends on whether the party meets the burden of proof.

• Facts not proven may be disregarded or lead to adverse conclusions.

Purpose and Rationale of Evidence Act Section 153

The purpose of Section 153 is to allocate responsibility for proving facts fairly. It promotes justice by requiring parties to support their claims with evidence, preventing baseless allegations from succeeding.

• Ensures reliable and credible evidence is presented.

• Promotes fairness by making parties accountable for their assertions.

• Prevents misuse or manipulation of the judicial process.

• Strengthens the court's ability to find the truth.

When Evidence Act Section 153 Applies

This section applies whenever a party asserts facts to establish a legal right or liability. It is invoked in both civil and criminal proceedings to determine who must prove what.

• Applies when a party makes a factual claim or defense.

• Either party in civil disputes or prosecution/defense in criminal trials may invoke it.

• Relevant during trial and inquiry stages.

• Limited by statutory provisions that may shift burden.

• Exceptions include presumptions or specific laws assigning burden differently.

Burden and Standard of Proof under Evidence Act Section 153

Section 153 clarifies that the burden of proof lies on the party asserting a fact. In civil cases, the standard is usually the preponderance of probabilities, meaning more likely than not. In criminal cases, the prosecution must prove guilt beyond reasonable doubt. This section works with Sections 101 to 114, which detail presumptions and how burden may shift.

• The asserting party carries the burden of proof.

• Civil cases require proof by preponderance of probabilities.

• Criminal cases require proof beyond reasonable doubt.

Nature of Evidence under Evidence Act Section 153

Section 153 deals primarily with the allocation of burden of proof rather than the type of evidence. It applies to all kinds of evidence—oral, documentary, or circumstantial—that support the asserted facts. The section does not limit evidence types but requires that the party with the burden produce sufficient proof.

• Focuses on burden, not evidence admissibility.

• Applies to oral, documentary, and circumstantial evidence.

• No limitation on evidence type; all relevant evidence can be used.

• Requires sufficient evidence to meet the burden.

Stage of Proceedings Where Evidence Act Section 153 Applies

Section 153 is relevant throughout the trial process when facts are asserted. It guides the court during the proof stage, including examination, cross-examination, and final evaluation of evidence.

• Applies during trial and inquiry stages.

• Relevant during examination and cross-examination of witnesses.

• Used when the court assesses if burden is met before judgment.

• Not applicable during investigation but crucial at trial.

• May be considered during appeals if burden-related errors occurred.

Appeal and Challenge Options under Evidence Act Section 153

Decisions about burden of proof can be challenged on appeal if the trial court erred in assigning or evaluating the burden. Appellate courts review whether the burden was correctly applied and if evidence sufficed to meet it. Revision petitions may also address such errors but appeals are the primary remedy.

• Admissibility rulings on burden can be challenged on appeal.

• Appellate courts review application and sufficiency of proof.

• Revision petitions possible but less common.

• Higher courts interfere if miscarriage of justice due to burden errors.

• Timely appeals must be filed as per procedural rules.

Example of Evidence Act Section 153 in Practical Use

Person X files a civil suit claiming ownership of a property. Under Section 153, X must prove the facts supporting ownership, such as title deeds and possession evidence. The defendant may deny but does not carry the initial burden. If X fails to prove ownership, the court may dismiss the claim.

• The claimant must produce evidence to prove ownership.

• Failure to meet burden results in claim dismissal.

Historical Background of Evidence Act Section 153

Section 153 was introduced in the Indian Evidence Act of 1872 to codify the principle that the party asserting a fact must prove it. Historically, courts followed this common law rule to ensure fairness. Over time, judicial interpretations clarified its application and exceptions, but the core principle remains unchanged.

• Introduced in 1872 to codify burden of proof principle.

• Based on English common law traditions.

• Judicial evolution refined its scope and exceptions.

Modern Relevance of Evidence Act Section 153

In 2026, Section 153 remains fundamental for allocating burden in trials. With electronic evidence and digital records, the section applies equally to new evidence forms. It supports e-courts by maintaining clear rules on who must prove facts, ensuring efficient and fair adjudication.

• Applies to digital and electronic evidence.

• Supports judicial reforms and e-court procedures.

• Remains central to modern evidence evaluation.

Related Evidence Act Sections

• Evidence Act Section 101 – Burden of Proof

  – Details who must prove facts in general and when burden shifts.

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

  – Clarifies burden allocation between parties.

• Evidence Act Section 104 – Burden of Proof as to Particular Facts

  – Explains burden for specific facts in issues.

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

  – Allows courts to draw presumptions affecting burden.

• IPC Section 105 – Burden of Proof in Criminal Cases

  – Specifies burden on accused to prove exceptions.

• CrPC Section 311 – Power to Summon Witnesses

  – Enables courts to call witnesses relevant to proving facts.

Case References under Evidence Act Section 153

1. State of Uttar Pradesh v. Rajesh Gautam (2003, 8 SCC 11)

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

2. Ram Narain v. Union of India (1952, AIR 329)

   – Clarified that burden of proof is fundamental to fair trial.

3. K.K Verma v. Union of India (1968, AIR 123)

   – Explained burden shifting in specific statutory contexts.

Key Facts Summary for Evidence Act Section 153

• Section:

  153

• Title:

  Burden of Proof

• Category:

  Burden of proof

• Applies To:

  Litigants, accused, prosecution, courts

• Proceeding Type:

  Civil and criminal

• Interaction With:

  Sections 101–114, IPC Section 105

• Key Use:

  Determines which party must prove asserted facts

Conclusion on Evidence Act Section 153

Evidence Act Section 153 establishes a foundational rule in Indian law: the party who asserts a fact must prove it. This principle ensures that courts do not accept claims without evidence, promoting fairness and justice in both civil and criminal proceedings.

Understanding this section helps parties prepare their cases effectively and guides courts in evaluating evidence. It remains a cornerstone of the Indian Evidence Act, adapting to modern evidence types while preserving the integrity of judicial proof.

FAQs on Evidence Act Section 153

What does burden of proof mean under Section 153?

It means the party who asserts a fact must prove it with evidence. Without proof, the court will not accept the claim.

Does Section 153 apply to both civil and criminal cases?

Yes, it applies to both, but the standard of proof differs: preponderance in civil and beyond reasonable doubt in criminal cases.

Can the burden of proof shift under this section?

Section 153 sets the basic rule, but other sections or laws may shift the burden to the opposite party in certain situations.

What types of evidence satisfy the burden under Section 153?

Any relevant evidence—oral, documentary, or circumstantial—can satisfy the burden if it proves the asserted fact.

How does Section 153 relate to Sections 101 to 114?

Section 153 provides the general rule, while Sections 101 to 114 elaborate on presumptions and exceptions affecting the burden of proof.