# Section 109 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

> Burden of proving fact especially within knowledge.109. 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 do…

Source: https://sudhirrao.com/insights/section-109-in-the-bharatiya-sakshya-adhiniyam-2023-bsa  
Author: Sudhir Rao — Advocate, Supreme Court of India  
Category: BSA  
Published: 2024-09-08

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**Burden of proving fact especially within knowledge.**

**109.**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.

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