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BSA109

BSA Section 109: Burden of proving fact especially within knowledge

Verbatim · BSA109. 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.

Corresponds (indicatively) to Evidence Act 106 of the repealed Indian Evidence Act, 1872. Evidence Act → BSA table

Cite as: Section 109, Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)