Bharatiya Sakshya Adhiniyam, 2023
Section 109, BSA: Burden of proving fact especially within knowledge
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.
What it replaces
| BSA provision | Evidence Act provision | Relation |
|---|---|---|
| Section 109 | Section 106 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.
The section
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.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Sakshya Adhiniyam, 2023, section 109 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)