What Is BSA Section 112?

Bhartiya Sakshya Adhiniyam, 2023 - Section 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

Brefe Detail

This section outlines the burden of proof concerning the existence of specific relationships, such as partnerships, landlord-tenant, and principal-agent. If it is established that the parties have acted in these capacities, the responsibility to prove that they no longer maintain these relationships lies with the person asserting that claim.

Question & Answers

Who has the burden of proof when questioning the existence of a relationship like partnership or landlord-tenant?

The burden of proof lies with the person who asserts that the relationship does not exist or has ceased to exist.

What must be shown for the burden of proof to shift to the person affirming a lack of relationship?

It must be shown that the individuals in question have been acting as partners, landlord and tenant, or principal and agent.

Example

- Partnership: If A and B have been operating a business together and sharing profits, and someone claims they are no longer partners, B must provide evidence to support that assertion.

- Landlord-Tenant: If C is renting property from D and has been paying rent regularly, D would need to prove that C is no longer a tenant if that claim is made.

Summary

Section 112 establishes that in relationships such as partnerships or landlord-tenant, once it is demonstrated that the parties have been acting as such, the onus to prove that these relationships have ended falls on the person who claims they no longer exist.