BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 114 — Proof of good faith in transactions where one party is in relation of active confidence.
Replaces Evidence Act Section 111.
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustrations. (a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father
Nearby sections
- 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.
- 113 Burden of proof as to ownership.
- 115 Presumption as to certain offences.
- 116 Birth during marriage, conclusive proof of legitimacy.
- 117 Presumption as to abetment of suicide by a married woman.
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