Bharatiya Sakshya Adhiniyam, 2023
BSA Section 114
Proof of good faith in transactions where one party is in relation of active confidence
In one line
BSA Section 114 deals with proof of good faith in transactions where one party is in relation of active confidence and replaces Evidence Act 111.
Bare act text — BSA 114
114. Proof of good faith in transactions where one party is in relation of active confidence.
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
What changed from the Evidence Act
- Evidence Act 111 → BSA 114: The word "attorney" is replaced by "advocate".
Frequently asked
What was BSA Section 114 in the Evidence Act?
BSA Section 114 (Proof of good faith in transactions where one party is in relation of active confidence) replaces Section 111 of the Indian Evidence Act, 1872. Evidence Act 111 is now BSA 114.
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Nearby BSA sections
- BSA 109 — Burden of proving fact especially within knowledge
- 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 115 — Presumption as to certain offences
- BSA 116 — Birth during marriage, conclusive proof of legitimacy
- BSA 117 — Presumption as to abetment of suicide by a married woman
- BSA 118 — Presumption as to dowry death
- BSA 119 — Court may presume existence of certain facts