What Is BSA Section 113?

Bhartiya Sakshya Adhiniyam, 2023 - Section 113: Burden of proof as to ownership.

When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

Brefe Detail

This section clarifies the burden of proof concerning ownership. If someone is in possession of an item, it is assumed that they are the owner unless proven otherwise.

Question & Answers

Q: What is the burden of proof regarding ownership?

A: The burden lies on the person who claims that the possessor is not the owner.

Q: What happens if someone is in possession of an item?

A: They are presumed to be the owner unless someone proves otherwise.

Q: Who must prove that the person in possession is not the owner?

A: The person affirming that the possessor is not the owner must provide evidence.

Example

1. Scenario: A is in possession of a car.
Question: Is A the owner?
Answer: Yes, unless someone can prove that A is not the owner.

2. Scenario: B claims that C is not the owner of a piece of land that C possesses.
Question: What must B do?
Answer: B must provide proof that C is not the owner of the land.

Summary

Section 113 of the Bhartiya Sakshya Adhiniyam establishes that possession of an item creates a presumption of ownership. The responsibility to prove otherwise lies with the person asserting that the possessor is not the owner.