Section 110 IEA: Burden of proof as to ownership
Indian Evidence Act, 1872
Section 110 IEA at a Glance
Section 110 IEA deals with burden of proof as to ownership. From 1 July 2024 it is replaced by Section 113 BSA.
Section 110 IEA Bare Act Text
110. 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 110, Indian Evidence Act, 1872
Section 110 IEA in Simple Words
Section 110 of the Indian Evidence Act, 1872 sets the rule on burden of proof (the duty to prove a claim in court) in disputes over ownership. When a person is shown to have possession (physical control or holding) of something, a party who claims that the possessor is not the owner must prove that claim.
The rule under Section 110 IEA applies whenever a court has to decide whether a person owns a thing. For the rule to apply, it must be shown that the person whose ownership is questioned is in possession of that thing. Once possession is shown, the person in possession does not have to start by proving ownership.
Instead, the duty of proof falls on the party who affirms (claims as a fact) that the possessor does not own the thing. That challenger has to bring evidence to prove that the possessor is not the owner.
When Section 110 IEA 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 110 IEA
Section 110 IEA in the BSA
Section 110 IEA is now covered under Section 113 BSA.
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.
View detailed comparison (IEA 110 vs BSA 113) →FAQs on Section 110 IEA
What is Section 110 IEA?▼
Section 110 of the Indian Evidence Act, 1872 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 has to prove that claim.
Does a person who is shown to be in possession have to prove ownership under Section 110 IEA?▼
No. Once possession is shown, the burden of proving that the person in possession is not the owner falls on the person who denies that ownership.
Does Section 110 IEA apply before possession is shown?▼
No. The rule applies when the person whose ownership is in question is shown to be in possession of the thing.
What is Section 110 IEA in BSA?▼
Section 113 BSA. Section 110 IEA became Section 113 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·