The Indian Evidence Act, 1872

Chapter 07 Of the Burden of Proof

Section 106: Burden of proving fact especially within knowledge

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustrations

  1. 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.
  2. 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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