Mera Samvidhaan All of Bharatiya Sakshya Adhiniyam, 2023

Chapter VII · Of the Burden of Proof

109Burden of proving fact especially within knowledge

Section 109 · Part IV · Chapter VII

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.

Section 109 of The Bharatiya Sakshya Adhiniyam, 2023 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.