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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 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- Section 131: Information as to commission of offences
- Section 42: Opinion as to existence of general custom or right, when relevant
- Section 100: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- Section 134: Confidential communication with legal advisers
Related Acts
* Only for reference.