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.

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