What Is BSA Section 114?

Bhartiya Sakshya Adhiniyam, 2023 - Section 114: Proof of Good Faith in Transactions Where One Party is in Relation of Active Confidence

Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

Illustrations:

• (a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate.
• (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

Brefe Detail

Section 114 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the burden of proof regarding the good faith of transactions involving parties in a relationship of active confidence. It stipulates that the party in a position of active confidence must demonstrate the good faith of the transaction.

Question & Answers

What does Section 114 state about the burden of proof?

Section 114 states that when a transaction's good faith is questioned between parties, the burden of proving good faith lies on the party in a position of active confidence.

Who carries the burden of proof in a transaction between a client and an advocate?

In a transaction between a client and an advocate, the burden of proving the good faith of the transaction is on the advocate.

In the case of a sale by a son to his father, who proves the good faith?

The burden of proving the good faith of the transaction lies with the father.

Example

Example 1

A client sells property to their advocate. Later, the client questions the good faith of this transaction. According to Section 114, the advocate must prove that the transaction was made in good faith.

Example 2

A son who has just come of age sells a valuable item to his father. If the son challenges the good faith of this sale, the burden falls on the father to demonstrate that the sale was conducted in good faith.

Summary

Section 114 highlights the importance of good faith in transactions where one party is in a position of active confidence over the other. It establishes that the burden of proof rests with the party in the position of active confidence to demonstrate the good faith of the transaction. This provision aims to protect parties in vulnerable positions and ensure transparency in transactions, especially in relationships characterized by trust and reliance.