Section 103 The Indian Contract Act, 1872
Section 103 – The Indian Contract Act, 1872
“Burden of proof as to ownership.”
Text of the Section:
“The burden of proof as to ownership of goods claimed lies on the person who affirms such ownership.”
Explanation:
Section 103 relates to burden of proof in cases where the ownership of goods is in question. It means:
If a person claims to be the owner of certain goods, and the ownership is disputed, then it is that person's responsibility to prove that he or she is the rightful owner.
Illustration:
Suppose A claims that a specific car in B’s possession actually belongs to A. If B denies this claim, then it is up to A to prove ownership (by showing documents, purchase receipt, registration, etc.).
Key Point:
This section is based on the principle of burden of proof under the Indian Evidence Act, 1872 (especially Sections 101-104), and it is applied here in the context of contractual claims and ownership of goods.
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