BSA § 109 · Bharatiya Sakshya Adhiniyam, 2023
Section 109 BSA — Burden of proving fact especially within knowledge
Replaces IEA 106 of the Indian Evidence Act, 1872. In force since 1 July 2024.
The text
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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.