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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 26: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- Section 155: Questions intended to insult or annoy
- Section 161: What matters may be proved in connection with proved statement relevant under section 26 or 27
- Section 38: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- Section 91: Presumption as to due execution, etc., of documents not produced
Related Acts
* Only for reference.