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Section 109 - Burden of proving fact especially within knowledge | The Bharatiya Sakshya Adhiniyam, 2023 vs Indian Evidence Act, 1872 | LawFinder

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The Bharatiya Sakshya Adhiniyam, 2023 Section 109Indian Evidence Act, 1872 Section 106

The Bharatiya Sakshya Adhiniyam, 2023

Section 109

Burden of proving fact especially within knowledge

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The Bharatiya Sakshya Adhiniyam, 2023

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.

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Indian Evidence Act, 1872

Section 106

Burden of proving fact especially within knowledge

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Indian Evidence Act, 1872

106. 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 traveling on a railway without a ticket. The burden of proving that he had a ticket is on him.

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