Section 109 - Burden of proving fact especially within knowledge - Bharatiya Sakshya Adhiniyam, 2023

Burden of proving fact especially within knowledge. 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.