# The Bharatiya Sakshya Adhiniyam, 2023, Section 109: Burden of proving fact especially within knowledge

- Act: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023)
- In force from: 2024-07-01
- Ministry: Ministry of Home Affairs
- Source URL: https://indiacode.ecourtsindia.com/bsa/section/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 travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.

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