What is Section 109 BSA?

Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 states that when any fact is especially within the knowledge of a person, that person has the burden of proving that fact.

Who has to prove an unusual intention under Section 109 BSA when an act suggests something else?

The person who did the act. When the nature and surrounding circumstances of an act point to one intention, the person claiming a different intention must prove that other intention.

Does Section 109 BSA place the burden of proof on a railway passenger accused of travelling without a ticket?

Yes. As the second illustration to Section 109 BSA states, a person charged with making a railway journey without a ticket bears the burden of proving that a ticket was held.

What is Section 109 BSA in IEA?

Section 106 IEA. Before 1 July 2024, Section 106 IEA contained the exact same rule and illustrations without any difference in wording.

IEA 106 Is Now BSA 109: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	106	109
Heading	Burden of proving fact especially within knowledge	Same

IEA 106 and BSA 109: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 106, IEA 1872

106. Burden of proving fact especially within knowledge.—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.

BSA 2023 (in force)

Section 109, BSA 2023

109. Burden of proving fact especially within knowledge.—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.

When It Applies: IEA 106 vs BSA 109

Under IEA 106

A particular fact is especially within the knowledge of a person.
That person has the duty to prove that specific fact in court.
Someone who performs an act and claims an intention different from what the nature of the act and its surrounding circumstances point to must prove that other intention.

Under BSA 109

A particular fact is especially within the knowledge of a person.
That person has the duty to prove that specific fact in court.
Someone who performs an act and claims an intention different from what the nature of the act and its surrounding circumstances point to must prove that other intention.

What IEA 106 to BSA 109 Means in Practice

The same rule and illustrations apply without any change in wording, so a person still has the burden of proving any fact that is especially within the knowledge of that person. For matters governed by the BSA, a party in court should cite Section 109 BSA instead of Section 106 IEA.

IEA 106 to BSA 109: Burden of proving fact especially within knowledge

IEA 106 to BSA 109 at a Glance

What Changed From IEA 106 to BSA 109?

IEA 106 vs BSA 109: Comparison Table

IEA 106 and BSA 109: Bare Act Text Side by Side

When It Applies: IEA 106 vs BSA 109

What IEA 106 to BSA 109 Means in Practice