Section 112 BSA: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Bharatiya Sakshya Adhiniyam, 2023
Section 112 BSA at a Glance
Section 112 BSA deals with burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. It replaced Section 109 IEA on 1 July 2024.
Section 112 BSA Bare Act Text
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.
Source: Section 112, Bharatiya Sakshya Adhiniyam, 2023
Section 112 BSA in Simple Words
Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proof (the duty to prove a claim in court) on a person who denies certain continuing relationships. When persons are shown to have been acting in such a relationship, a party who claims that the relationship does not exist must prove that claim. The same rule applies when a party claims that the relationship has ended.
Section 112 BSA applies to business partners, a landlord and a tenant, and a principal and an agent (where a person authorises another to act for that person). The rule comes into play when a court has to decide whether persons stand in any of these relationships. Before the burden falls on the person denying the relationship, it must be shown that the persons have been acting in that role.
Once that conduct is shown in court, the person who affirms (claims as a fact) that the persons do not stand in that relationship must prove it. If a person claims that the persons have ceased to stand in that relationship, that person must also prove that it ended.
When Section 112 BSA Applies
- A court is deciding whether persons are business partners, a landlord and a tenant, or a principal and an agent.
- It has been shown in court that those persons have been acting as if they are in that relationship.
- A person claims that those persons do not stand in that relationship, or have stopped standing in it.
- The person who makes that claim carries the burden of proving it.
Example of Section 112 BSA
Section 112 BSA in the IEA (Previous Law)
Section 112 BSA replaces Section 109 IEA from the old criminal code.
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.
FAQs on Section 112 BSA
What is Section 112 BSA?▼
Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule on the burden of proof for disputes about business partners, a landlord and a tenant, or a principal and an agent. When it is shown that persons have been acting in such a relationship, the person who claims they are not in it, or have stopped being in it, must prove that claim.
Does Section 112 BSA apply when a party claims a tenancy or agency has ended?▼
Yes. Once it is shown that the persons have been acting as a landlord and a tenant, or as a principal and an agent, the person who claims that relationship has ceased must prove it.
Does Section 112 BSA apply if there is no proof that the persons acted in that relationship?▼
No. The rule applies only when it has been shown that the persons have been acting as business partners, a landlord and a tenant, or a principal and an agent.
What is Section 112 BSA in IEA?▼
Section 109 IEA. Section 112 BSA replaced Section 109 IEA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·