Code: Section 113 BSA
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
Explanation of Section 113 BSA
Section 113 of the Bharatiya Sakshya Adhiniyam (BSA) outlines the burden of proof in ownership disputes. If someone is in possession of an item, they are presumed to be the owner. To challenge this, the person disputing ownership must prove that the possessor is not the rightful owner.
In other words, if you claim someone is not the owner, you need to provide evidence to support your claim. The person in possession does not need to prove ownership unless challenged.
Illustrations
Example 1: Ownership of a Car
A person is found driving a car. Another person claims the car belongs to them. However, they fail to provide proof that the driver is not the rightful owner. Under Section 113, the person challenging the ownership must prove their claim.
Example 2: Disputed Land Ownership
Two people claim ownership of a piece of land. One person is in possession of the land. The other party must prove that the person in possession is not the rightful owner. The court will favor the possessor unless evidence is provided otherwise.
Common Questions and Answers on Section 113 BSA
1. What does Section 113 mean?
- Answer: Section 113 requires the person disputing ownership to prove that the person in possession is not the owner.
2. Does possession automatically mean ownership?
- Answer: Yes, possession is treated as strong evidence of ownership. The person challenging ownership must provide evidence to prove otherwise.
3. Who must prove ownership in a dispute?
- Answer: The person challenging ownership must prove that the one in possession is not the rightful owner.
Conclusion
Section 113 of the Bharatiya Sakshya Adhiniyam (BSA) places the burden of proof on the person denying ownership. If someone possesses an item, the law assumes they own it unless proven otherwise. This rule helps resolve ownership disputes by making it clear who has to prove their case.
