Proof of good faith in transactions where one party is in relation of active confidence
Section 114 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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
Section 114, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 111 Proof of good faith in transactions where one party is in relation of active confidence Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Krishna Mohan Kul @ Nani Charan Kul v. Pratima Maity
Decided under Indian Evidence Act 111, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-4.pdf 2003-09-09 DATE VERIFIED (not same-date ROP order-5). CA 7133/2003. Raju/Pasayat. When a person in a fiduciary / active-confidence position takes a benefit from an old, illiterate, ailing executant, IEA 111 puts the burden of good faith on the dominant party; Contract Act s.16(3) is the corollary undue-influence rule. Do not remap CPC 100 (already filled).
On this section: Successor of IEA 111 (mapping.csv near-identical, score 0.9687). The active-confidence burden carries to BSA 114.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 114
What have the courts held on Section 114 of the Bharatiya Sakshya Adhiniyam?
Krishna Mohan Kul @ Nani Charan Kul v. Pratima Maity (09 Sep 2003) is the leading judgment on this section among those set out below, though it was decided under IEA 111, which this section replaced -- the court never mentioned this Act: Successor of IEA 111 (mapping.csv near-identical, score 0.9687). The active-confidence burden carries to BSA 114.
How do I find court cases under Section 114 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 114, section 114 BSA, section 114 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 114a and bsa troop 114. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Krishna Mohan Kul @ Nani Charan Kul v. Pratima Maity (09 Sep 2003).
What should I read with Section 114 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 111 (Proof of good faith in transactions where one party is in relation of active confidence), so the judgments decided under that provision are the case law on this one.
When did Section 114 of the Bharatiya Sakshya Adhiniyam come into force?
Section 114 of the Bharatiya Sakshya Adhiniyam, cited as BSA 114, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.