Bharatiya Sakshya Adhiniyam 2023
Section 109 :
Burden of proving fact especially within knowledge :
(See section 106 of IEA 1872)
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Illustration :
(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.
