law: The Foreigners Act, 1946
  9. Burden of proof. -
  If in any case not falling under Section 8 any
  
  question arises with reference to this Act or any order made or direction given
  
   thereunder , whether any person is or is not a 
  
  foreigner or is or is not a foreigner of a particular class or description the
  
  onus the proving that such person is not a foreigner or is not a foreigner of
  
  such particular class or description, as the case may be, shall notwithstanding
  
  anything contained in the Indian Evidence Act, 1872, (1 of 1972) lie upon such
  
  person.