What Is Bharatiya Sakshya Adhiniyam Section 109 (BSA Section 109)?

In this article, we will introduce you to Bharatiya Sakshya Adhiniyam Section 109. In today’s article we will talk about what is Bharatiya Sakshya Adhiniyam (BSA Section 109)?

The Bharatiya Sakshya Adhiniyam, 2023 aims to unify and establish standardized rules and principles of evidence to ensure fair trials in criminal cases. The previous Indian Evidence Act has become outdated and does not adequately address the requirements of the modern era. This new Bill intends to overhaul the evidence laws by updating them to reflect current public needs and aspirations.

BSA Section 109
BSA Section 109

Definition of Bharatiya Sakshya Adhiniyam (BSA) Section 109

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

  • (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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