Section109
The Indian Evidence Act, 1872

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Repealed From 01 Sep 1872 Act 1 of 1872 As on 17 Oct 2026

Act 1 of 1872 Ministry Law and Justice Enacted 15 Mar 1872 In force 01 Sep 1872

This provision is repealed. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 109 of the Indian Evidence Act, 1872 deals with burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who aff The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

Section 109, The Indian Evidence Act, 1872 (Act 1 of 1872).

Now in the Bharatiya Sakshya Adhiniyam

BSA 112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent Text carried over almost unchanged 100%

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 The repealed enactment still governs what happened while it was in force.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.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. Supreme Court of India 10 Feb 2020 SCIN010168682019

    … That presumption is no doubt rebuttable but no attempt has been made to displace it. Further, once that presumption is raised, still another comes to the aid of Respondent $1$ by reason of the rule contained in Section 109 of the Indian Evidence Act, namely, that when two persons <span id="page-10-0"></span><sup>(1981) 1</sup> SCC 431 have been shown to stand to each other in the relationship of landlord and tenant, the burden of proving that such relationship has ceased, is on the party who so asserts. It may …

    Read this order on eCourtsIndia

Questions about Section 109

What does Section 109 of the Indian Evidence Act deal with?

Section 109 of the Indian Evidence Act is headed "Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent". When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who aff

How do I find court cases under Section 109 of the Indian Evidence Act?

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: IEA 109, section 109 IEA, section 109 of the Indian Evidence Act. People searching for it also type indian evidence act section 109. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 109 of the Indian Evidence Act, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BSA 112 (Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 109 of the Indian Evidence Act come into force?

Section 109 of the Indian Evidence Act, cited as IEA 109, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.

Other sections of this Act

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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.