The Bharatiya Sakshya Adhiniyam, 2023

§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.

Old law ⇄ new law

Renumberedold law ⇄ new law

Old lawIEA §106Burden of proving fact especially within knowledge New lawBSA §109Burden of proving fact especially within knowledge

IEA §106 → BSA §109 per the official NCRB Sankalan table.

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Source & version

Official text: Gazette of India via MHA (official) ↗

Official Gazette text: The Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250882_english_01042024_0.pdf). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest gazette-bbox parser on 2026-07-14. Automated parse; structural validation + spot verification; full clause-level proofread pending.

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