Section 109
Burden of proving fact especially within knowledge.
The Bharatiya Sakshya Adhiniyam, 2023
About this Act
An Act to consolidate and to provide for general rules and principles of evidence for fair trial.
Chapter VII: Of the burden of proof Sections 104 to 120
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.
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.