Skip to main contentSkip to content
Knowledge Hubs
Indian Laws › Civil Procedure, Evidence and Enforcement › The Bharatiya Sakshya Adhiniyam, 2023 › Section 109
Bharatiya Sakshya Adhiniyam, 2023Section 109Chapter VII - Of the burden of proof

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.

ActThe Bharatiya Sakshya Adhiniyam, 2023
ProvisionSection 109: Burden of proving fact especially within knowledge
ChapterChapter VII - Of the burden of proof
ReplacesSection 106 of the Indian Evidence Act, 1872 (“Burden of proving fact especially within knowledge”)
Official textNCRB — Bharatiya Sakshya Adhiniyam, 2023, section 109

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 The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.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

← PreviousNext →

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

More