IEA §111 → BSA §114
Proof of good faith in transactions where one party is in relation of active confidence
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Comparison
111. 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 attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney. (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.
114. 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. Burden of proving fact especially within knowledge. Burden of proving death of person known to have been alive within thirty years. Burden of proving that person is alive who has not been heard of for seven years. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. Burden of proof as to ownership. Proof of good faith in transactions where one party is in relation of active confidence.
What changedAI-inferred
Proof of good faith in transactions where one party is in relation of active confidence.
Old position
IEA 111 is concerned with Proof of good faith in transactions where one party is in relation of active confidence. Proof of good faith in transactions where one party is in relation of active confidence
New position
BSA 114 preserves the framework with drafting modernisations as required by the new code. Topic: Proof of good faith in transactions where one.. 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
BSA 114 (Proof of good faith in transactions where one.) preserves the framework of IEA 111. BSA 114 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 114 text: Where there is a question as to the...
Editorial deltaAI-indicated (source-linked)
BSA 114 (Proof of good faith in transactions where one.) preserves the framework of IEA 111. BSA 114 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 114 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 111 continues to apply. For matters from that date forward, BSA 114 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 114 (Proof of good faith in transactions where one.). 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 §111 → BSA §114 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/111.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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