What Is BSA Section 109?

Bhartiya Sakshya Adhiniyam, 2023 - 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.

Brefe Detail

Section 109 of the Bhartiya Sakshya Adhiniyam, 2023 establishes that when a fact is particularly known to an individual, that individual holds the responsibility to prove the existence of that fact. This section emphasizes the accountability of a person regarding their unique knowledge of specific circumstances or intentions.

Question & Answers

What does Section 109 state about the burden of proof?

Section 109 states that when a fact is especially within the knowledge of a person, the burden of proving that fact lies with that person.

Who has the burden of proof when a person performs an act with a specific intention?

The person performing the act has the burden of proving their intention if it differs from what the act suggests.

In the example of A traveling without a ticket, who must prove the existence of the ticket?

A must prove that he had a ticket when charged with traveling on a railway without one.

Example

Example 1

If a person is accused of theft and claims they had permission to take the item, that person must prove they had that permission since it is within their knowledge.

Example 2

In a case where a driver is charged with speeding, if the driver claims their speedometer was malfunctioning, they must provide evidence of that malfunction because it is a fact within their knowledge.

Summary

Section 109 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies that individuals are responsible for proving facts that they uniquely know. This includes intentions behind actions and the ability to substantiate claims in legal contexts, ensuring accountability for assertions made by individuals regarding their knowledge.