s 103 Burden of proof
103.—(1) Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which the person asserts, must prove that those facts exist.(2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.Illustrations (a) A desires a court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a court to give judgment that A is entitled to certain land in the possession of B by reason of facts which A asserts and which B denies to be true. A must prove the existence of those facts. —(1) Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which the person asserts, must prove that those facts exist. (2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.Illustrations (a) A desires a court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a court to give judgment that A is entitled to certain land in the possession of B by reason of facts which A asserts and which B denies to be true. A must prove the existence of those facts.