BSA Section 109: Burden of proving fact especially within knowledge
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 7: Of the Burden of Proof
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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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 104. Burden of proof
- 105. On whom burden of proof lies
- 106. Burden of proof as to particular fact
- 107. Burden of proving fact to be proved to make evidence admissible
- 108. Burden of proving that case of accused comes within exceptions
- 110. Burden of proving death of person known to have been alive within thirty years
- 111. Burden of proving that person is alive who has not been heard of for seven years
- 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113. Burden of proof as to ownership
- 114. Proof of good faith in transactions where one party is in relation of active confidence
- 115. Presumption as to certain offences
- 116. Birth during marriage, conclusive proof of legitimacy
- 117. Presumption as to abetment of suicide by a married woman
- 118. Presumption as to dowry death
- 119. Court may presume existence of certain facts
- 120. Presumption as to absence of consent in certain prosecution for rape