What was BSA 109 in the IEA?

BSA 109: earlier IEA 106

Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 106 of the Indian Evidence Act, 1872. BSA 109 deals with burden of proving fact especially within knowledge. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 109 was IEA 106.

Burden of proving fact especially within knowledge.

Carried over

Old wording kept in full

Old · IEA 1872 · Ch. VII

s. 106

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.

Text read from the official print by OCR. Check it against the print before quoting.

New · BSA 2023 · Ch. VII

s. 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.

Text from India Code