Proof of good faith in transactions where one party is in relation of active confidence
Section 111 of the Indian Evidence Act, 1872 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 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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 attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.
(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 111, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 114 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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
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: s.111 proof of good faith in transactions of active confidence: the person in the fiduciary / dominating position must prove the settlement was fair, free and bona fide (Krishna Mohan Kul).
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.
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.
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… This indicates that the defendants cannot demonstrate to the Court that the sale of the schedule - 49 - property was a legitimate transaction based on the power of attorney. 42. Section 111 of the Indian Evidence Act states about confidence. In the defence of the defendants, active confidence between plaintiff and defendant No. 7 is missing. This active confidence indicates that the relationship between the plaintiff and defendant No.7 was such that one was bound to protect the interests of the other. …
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… and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of 1872)". Section 16(1) states that a contract is vitiated by undue influence where the relationship between the parties to a contract are such that, one is in a position to dominate the will of the other, and such position is used to obtain an unfair advantage over the …
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… him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of 1872).‖ 132. In [Ladli Prashad Jaiswal v. The Karnal Distillery Co. Ltd., Karnal](https://indiankanoon.org/doc/1679391/) [&](https://indiankanoon.org/doc/1679391/) Ors, AIR 1963 SC 1279, the Apex Court explained that the first sub-  is the leading judgment on this section among those set out below: s.111 proof of good faith in transactions of active confidence: the person in the fiduciary / dominating position must prove the settlement was fair, free and bona fide (Krishna Mohan Kul).
How do I find court cases under Section 111 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 111, section 111 IEA, section 111 of the Indian Evidence Act. 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 111 of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 114 (Proof of good faith in transactions where one party is in relation of active confidence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 111 of the Indian Evidence Act come into force?
Section 111 of the Indian Evidence Act, cited as IEA 111, 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
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.