Bharatiya Sakshya Adhiniyam, 2023
BSA Section 109
Burden of proving fact especially within knowledge
In one line
BSA Section 109 deals with burden of proving fact especially within knowledge and replaces Evidence Act 106.
Bare act text — BSA 109
109. Burden of proving fact especially within knowledge.
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.
Frequently asked
What was BSA Section 109 in the Evidence Act?
BSA Section 109 (Burden of proving fact especially within knowledge) replaces Section 106 of the Indian Evidence Act, 1872. Evidence Act 106 is now BSA 109.
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Nearby BSA sections
- BSA 104 — Burden of proof
- BSA 105 — On whom burden of proof lies
- BSA 106 — Burden of proof as to particular fact
- BSA 107 — Burden of proving fact to be proved to make evidence admissible
- BSA 108 — Burden of proving that case of accused comes within exceptions
- BSA 110 — Burden of proving death of person known to have been alive within thirty years
- BSA 111 — Burden of proving that person is alive who has not been heard of for seven years
- BSA 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- BSA 113 — Burden of proof as to ownership
- BSA 114 — Proof of good faith in transactions where one party is in relation of active confidence