Section 113
Burden of proof as to ownership
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 113 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter VII: Of the burden of proof), with the matching section of the Indian Evidence Act, 1872.
Section 113, official text
When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.
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 113 replaces Section 110 of the Indian Evidence Act, 1872 (“Burden of proof as to ownership”). 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 The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.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 111 — Burden of proving that person is alive who has not been heard of for seven years
- Section 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- Section 114 — Proof of good faith in transactions where one party is in relation of active confidence
- Section 115 — Presumption as to certain offences
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 113