BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 109 — Burden of proving fact especially within knowledge.
Replaces Evidence Act Section 106.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations. (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.
Nearby sections
- 106 Burden of proof as to particular fact.
- 107 Burden of proving fact to be proved to make evidence admissible.
- 108 Burden of proving that case of accused comes within exceptions.
- 110 Burden of proving death of person known to have been alive within thirty years.
- 111 Burden of proving that person is alive who has not been heard of for seven years.
- 112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
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