Section 109 Earlier Evidence Act 106
Burden of proving fact especially within knowledge
Chapter 7: Of the burden of proof
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 106Burden of proof as to particular factEvidence Act 103
- 107Burden of proving fact to be proved to make evidence admissibleEvidence Act 104
- 108Burden of proving that case of accused comes within exceptionsEvidence Act 105
- 110Burden of proving death of person known to have been alive within thirty yearsEvidence Act 107
- 111Burden of proving that person is alive who has not been heard of for seven yearsEvidence Act 108
- 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent