BSA §109
Burden of proving fact especially within.
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Comparison
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.
109. 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.
What changedAI-inferred
Burden of proving fact especially within knowledge.
Old position
IEA 106 is concerned with Burden of proving fact especially within knowledge. Burden of proving fact especially within knowledge
New position
BSA 109 preserves the framework with drafting modernisations as required by the new code. Topic: Burden of proving fact especially within.. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him
BSA 109 (Burden of proving fact especially within.) preserves the framework of IEA 106. BSA 109 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 109 text: When any fact is especially within the...
Editorial deltaAI-indicated (source-linked)
BSA 109 (Burden of proving fact especially within.) preserves the framework of IEA 106. BSA 109 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 109 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 106 continues to apply. For matters from that date forward, BSA 109 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 109 (Burden of proving fact especially within.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §106 → BSA §109 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/109.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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