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Section 109 - The Bharatiya Sakshya Adhiniyam, 2023
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.
Related Sections
- Section 50: Character as Affecting damages
- Section 27: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- Section 135: Production of title-deeds of witness not a party
- Section 54: Proof of facts by oral evidence
- Section 43: Opinion as to usages, tenets, etc., when relevant
Related Acts
* Only for reference.