IEA 109→BSA 112

IEA 109 to BSA 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Section 109 IEA (1872) replaced by Section 112 BSA (2023)

View IEA Section 109 →View BSA Section 112 →

IEA 109 to BSA 112 at a Glance

Section 109 IEA (Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent) is now Section 112 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 109 to BSA 112?

Section 109 of the Indian Evidence Act, 1872 became Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

IEA 109 vs BSA 112: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section109112
HeadingBurden of proof as to relationship in the cases of partners, landlord and tenant, principal and agentSame

IEA 109 and BSA 112: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 109, IEA 1872

109. 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 affirms it.
BSA 2023 (in force)

Section 112, BSA 2023

112. 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 affirms it.

When It Applies: IEA 109 vs BSA 112

Under IEA 109
  1. A court is deciding whether persons are business partners, a landlord and a tenant, or a principal and an agent.
  2. It has been shown in court that those persons have been acting as if they are in that relationship.
  3. A person claims that those persons do not stand in that relationship, or have stopped standing in it.
  4. The person who makes that claim carries the burden of proving it.
Under BSA 112
  1. A court is deciding whether persons are business partners, a landlord and a tenant, or a principal and an agent.
  2. It has been shown in court that those persons have been acting as if they are in that relationship.
  3. A person claims that those persons do not stand in that relationship, or have stopped standing in it.
  4. The person who makes that claim carries the burden of proving it.

What IEA 109 to BSA 112 Means in Practice

Section 109 IEA became Section 112 BSA on 1 July 2024 without any change in wording. The same rule applies, and a person in court should cite Section 112 BSA for matters governed by the BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·