Section 113 BSA: Burden of proof as to ownership
Bharatiya Sakshya Adhiniyam, 2023
Section 113 BSA at a Glance
Section 113 BSA deals with burden of proof as to ownership. It replaced Section 110 IEA on 1 July 2024.
Section 113 BSA Bare Act Text
113. Burden of proof as to ownership
When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.
Source: Section 113, Bharatiya Sakshya Adhiniyam, 2023
Section 113 BSA in Simple Words
Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 sets the rule on burden of proof (the duty to prove a claim in court) when ownership of anything is disputed. When a person is shown to have possession (control or holding) of something, anyone who claims that the possessor is not the owner has to prove that claim.
Section 113 BSA applies when the question before a court is whether a person owns a thing. It requires proof that the person is in possession of that thing. Once possession is shown, the person holding the thing does not bear the burden of proving ownership.
Instead, the party who affirms (claims as a fact) that the person in possession does not own the thing carries the burden of proof. That party must prove to the court that the possessor is not the owner.
When Section 113 BSA Applies
- A court has to decide whether a person is the owner of something.
- That person is shown to be in possession of the thing.
- Another person who claims that the possessor is not the owner must prove that claim.
Example of Section 113 BSA
Section 113 BSA in the IEA (Previous Law)
Section 113 BSA replaces Section 110 IEA from the old criminal code.
Section 110 of the Indian Evidence Act, 1872 became Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 113 BSA
What is Section 113 BSA?▼
Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule on the burden of proof regarding ownership. When a person is shown to have possession of something, anyone who claims that the possessor is not the owner must prove that claim.
Does the person in possession have to prove ownership under Section 113 BSA?▼
No. Once it is shown that the person is in possession of the thing, the person who claims that the possessor is not the owner bears the burden of proof.
Does Section 113 BSA apply only to land or buildings?▼
No. The section applies when the question is whether any person is the owner of anything of which that person is shown to have possession.
What is Section 113 BSA in IEA?▼
Section 110 IEA. Section 113 BSA replaced Section 110 IEA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·