109. 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.
Evidence Act Section 106 in BSA: Section 109
Burden of proving fact especially within knowledge
Section 106 of the Indian Evidence Act, 1872 (Burden of proving fact especially within knowledge) corresponds to Section 109 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 109
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