Section 109 BSA: Burden of proving fact especially within knowledge

Bharatiya Sakshya Adhiniyam, 2023

Section 109 BSA at a Glance

Section 109 BSA deals with burden of proving fact especially within knowledge. It replaced Section 106 IEA on 1 July 2024.

Was IEA

Section 106 →

Section 109 BSA Bare Act Text

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.

Source: Section 109, Bharatiya Sakshya Adhiniyam, 2023

Section 109 BSA in Simple Words

Section 109 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, sets the rule for facts that lie especially within the personal knowledge of someone. When a particular fact is especially known to a person, that person has the burden of proving it in court.

The rule applies to any person in a proceeding whenever a fact is especially within the knowledge of that person. The first illustration in the Adhiniyam explains how this works for intention. When someone performs an act, its nature and surrounding circumstances point to a certain intention. If the person who did the act claims to have acted with a different intention, that person must prove that other intention.

The second illustration in the Adhiniyam gives a clear example about train travel. When a passenger faces a charge of making a railway journey without a ticket, holding a ticket is a fact especially known to that passenger. Because of that, the passenger has to prove having a ticket.

When Section 109 BSA Applies

  • 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.

Example of Section 109 BSA

In 2025, Farhan removes locked company laptops from an office in Chennai late at night, and at trial claims that the removal was done only to take the laptops for urgent repair. Because the nature and surrounding circumstances of removing locked laptops late at night point to a different intention, the claimed purpose is a fact especially within the knowledge of Farhan. Under Section 109 BSA, the other side does not have to begin by disproving that private purpose. Farhan bears the burden of proving in the Chennai court that the laptops were removed with the intention of taking them for repair.

Section 109 BSA in the IEA (Previous Law)

Section 109 BSA replaces Section 106 IEA from the old criminal code.

Section 106 of the Indian Evidence Act, 1872 became Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 109 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·