Section 109 IEA: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Indian Evidence Act, 1872
Section 109 IEA at a Glance
Section 109 IEA deals with burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. From 1 July 2024 it is replaced by Section 112 BSA.
Section 109 IEA Bare Act Text
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.
Source: Section 109, Indian Evidence Act, 1872
Section 109 IEA in Simple Words
Section 109 of the Indian Evidence Act, 1872 places the burden of proof (the duty to prove a claim in court) on a party who denies certain relationships. When persons are shown to have been acting in such a relationship, a party cannot simply deny it without proof. The person who claims the relationship does not exist, or has ended, has to prove that claim.
Section 109 IEA covers business partners, a landlord and a tenant, and a principal and an agent (where a person authorises another to act for that person). It applies when a court must decide whether persons stand in any of those relationships. For the rule to apply, it must be shown that those persons have been acting in that role.
Once such conduct is shown, the person who affirms (claims as a fact) that the persons are not in that relationship must prove it. The same duty applies if a person claims that the relationship has ceased. That person must prove that the parties are not in that relationship or have stopped being in it.
When Section 109 IEA 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 109 IEA
Section 109 IEA in the BSA
Section 109 IEA is now covered under Section 112 BSA.
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.
View detailed comparison (IEA 109 vs BSA 112) →FAQs on Section 109 IEA
What is Section 109 IEA?▼
Section 109 of the Indian Evidence Act, 1872 is a rule on the burden of proof for disputes about business partners, a landlord and a tenant, or a principal and an agent. Once 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 109 IEA also apply when someone claims a relationship has ended?▼
Yes. The section applies both when a person claims the relationship does not exist and when a person claims the relationship has ceased to exist.
Does the burden of proof fall on the person denying the relationship under Section 109 IEA before conduct is shown?▼
No. It must be shown that the persons have been acting as business partners, a landlord and a tenant, or a principal and an agent. Only then does the person who denies the relationship have to prove that claim.
What is Section 109 IEA in BSA?▼
Section 112 BSA. Section 109 IEA became Section 112 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·