Legal World

Section 109 BSA — Burden of proving fact especially within knowledge

Bharatiya Sakshya Adhiniyam, 2023 · Official PDF page 33

Open in NyayaOfficial PDF, page 33

109.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.

Text extracted from the official PDF (Ministry-published 2024 source copy). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.