Section 109 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 109 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 109: Burden of Proving Fact Especially Within Knowledge
Text of Section 109:
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.(legalbites.in)
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.(lextechsuite.com)
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.(lextechsuite.com)
🔍 Meaning and Application
Section 109 establishes that when a particular fact is uniquely known to an individual, that individual carries the responsibility to prove the existence of that fact. This provision ensures that individuals are accountable for facts that are solely within their knowledge, preventing the unfair shifting of the burden of proof to others.(law4u.in)
Key Points:
Exclusive Knowledge: The section applies when a fact is exclusively within the knowledge of a person.(sudhirrao.com)
Burden of Proof: The individual with exclusive knowledge must provide evidence to prove the fact.
Prevents Unfair Burden: It prevents a person from avoiding responsibility by claiming ignorance of facts that they are uniquely aware of.(law4u.in)
⚖️ Illustrative Examples
Example 1:
Scenario: A is accused of theft and claims that he had permission from the owner to take the item.(law4u.in)
Application of Section 109: Since the fact of permission is solely within A's knowledge, he bears the burden of proving that he had the owner's consent.(law4u.in)
Example 2:
Scenario: B is charged with traveling without a railway ticket and asserts that he had purchased one.(thebharatiyanyayasanhita.in)
Application of Section 109: The fact of B having a ticket is within his knowledge, so he must provide evidence to prove its purchase.
🧭 Purpose and Importance
Ensures Accountability: Holds individuals responsible for facts that are within their exclusive knowledge.
Promotes Fairness: Prevents unfairly shifting the burden of proof to others regarding facts known only to the individual.
Upholds Justice: Ensures that individuals cannot avoid responsibility by claiming ignorance of facts they are uniquely aware of.
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