Code: Section 109 Bharatiya Sakshya Adhiniyam, 2023
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.
Explanation of Section 109 BSA
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 outlines a key principle regarding the burden of proof in cases where a fact is particularly within the knowledge of a person. This section shifts the responsibility to prove the existence of certain facts to the individual who possesses knowledge of them.
This provision is based on the idea that certain facts are known only to specific individuals. Therefore, if an individual asserts a fact that only they are in a position to prove, the burden falls on them to establish the truth of that fact. This rule is important in ensuring that individuals are accountable for the knowledge they hold, especially when their statements or actions rely on that knowledge.
Key Principles:
- The burden of proof shifts to the individual who possesses unique knowledge of a fact.
- This can apply to the intentions behind an action or a fact that only the individual can verify.
- The court presumes that the accused or relevant individual knows the facts in question unless proven otherwise.
Illustrations
(a) When a person commits an act with an intention that differs from what is naturally suggested by the character and circumstances of the act, the person must prove their intention.
→ Example: If someone commits an act that looks like a crime but claims it was not intentional (e.g., an act of self-defense or an accident), the burden is on the person to prove their intent.
(b) A is accused of travelling on a railway without a ticket. If A claims that they had a ticket, it is their responsibility to prove it.
→ In this case, A must provide evidence (such as the ticket or a valid reason for not having one) to prove they had a ticket at the time of travel.
Common Questions and Answers on Section 109 BSA
- Who has the burden of proof when a fact is within the knowledge of a person?
- The burden of proof lies with the person who has special knowledge of the fact.
- What does “within the knowledge” mean?
- It means that the person has specific, unique information about the fact that no one else could reasonably know or prove.
- Does the burden shift to the accused automatically in criminal cases?
- Not necessarily. The burden of proof only shifts when the fact in question is clearly within the knowledge of the person making the assertion, like the intention behind their actions or certain circumstances they claim.
- Is there any presumption when it comes to proving facts within knowledge?
- Yes. The court presumes that the person who holds special knowledge must prove the truth of that knowledge unless they provide satisfactory evidence to the contrary.
- What is the purpose of Section 109 in the legal process?
- Section 109 ensures fairness in legal proceedings by requiring individuals to be accountable for facts that they uniquely know or control, especially in cases where their actions or defenses depend on such knowledge.
Conclusion
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 highlights an important legal principle: when a person claims a fact that is uniquely within their knowledge, they bear the responsibility of proving it. This section prevents individuals from relying on unverifiable claims and ensures that facts are substantiated with evidence when they are within the exclusive knowledge of the person asserting them.
By shifting the burden of proof to the person with specific knowledge, this provision upholds fairness in judicial proceedings and encourages accountability for personal assertions.
For more insights into Indian evidence law and judicial procedures, visit ApniLaw.
