BSA § 114 · Bharatiya Sakshya Adhiniyam, 2023
Section 114 BSA — Proof of good faith in transactions where one party is in relation of active confidence
Replaces IEA 111 of the Indian Evidence Act, 1872. In force since 1 July 2024.
The text
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
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.