Burden of proving fact especially within knowledge.
What this section does
When any fact is especially within the knowledge of a person, the burden of proving that fact is upon that person. This section shifts the burden to the party who has peculiar or exclusive access to the relevant information. It prevents a party from benefiting from their own exclusive knowledge by remaining silent.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The burden of proving a fact peculiarly within a person's own knowledge lies on that person.
When it applies
- A person performs an act with an intention different from what the circumstances suggest — the burden of proving that special intention is on that person.
- A is charged with travelling on a railway without a ticket — the burden of proving he had a ticket lies on A.
Practitioner note
Frequently applied in cases involving licences, permits, and special authorisations where the accused alone has access to the relevant documents or facts.
- EVIDENCE Section 106 — Burden of proving fact especially within knowledge
Read the official text
For the binding statutory text of BSA Section 109, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 109 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.