Proof of good faith in transactions where one party is in relation of active confidence.
What this section does
Where a transaction is between parties one of whom stands in a position of active confidence towards the other, the burden of proving the good faith of that transaction lies on the party in the position of active confidence. This section addresses fiduciary and confidence-based relationships. The illustrations specifically cover advocate-client and father-son transactions.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
In transactions involving a position of active confidence, the party holding that position bears the burden of proving good faith.
When it applies
- An advocate who purchases property from a client must prove the good faith of the transaction when the client sues to challenge it.
- A father who buys property from a son who has just come of age must prove the transaction was in good faith when the son challenges it.
Derived from IEA s.111.
Read the official text
For the binding statutory text of BSA Section 114, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 114 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.