Section 109
Burden of proving fact especially within knowledge
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 109 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter VII: Of the burden of proof), with the matching section of the Indian Evidence Act, 1872.
Section 109, official text
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.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 109 replaces Section 106 of the Indian Evidence Act, 1872 (“Burden of proving fact especially within knowledge”). The wording is substantially the same as the earlier section. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 107 — Burden of proving fact to be proved to make evidence admissible
- Section 108 — Burden of proving that case of accused comes within exceptions
- Section 110 — Burden of proving death of person known to have been alive within thirty years
- Section 111 — Burden of proving that person is alive who has not been heard of for seven years
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 109