Section 109 of BSA : Section 109: Burden of proving fact especially within knowledge.

Explanation using Example

Example 1:

Ravi is found in possession of a rare and expensive painting that was reported stolen from an art gallery. The police arrest Ravi and charge him with theft. Ravi claims that he bought the painting from a street vendor. According to Section 109 of The Bharatiya Sakshya Adhiniyam 2023, the burden of proving that he legally purchased the painting from a street vendor is on Ravi, as the fact of the purchase is especially within his knowledge.

Example 2:

Priya is accused of cheating in her final exams by using unauthorized notes. The invigilator found notes in her possession during the exam. Priya claims that the notes were not hers and that someone else placed them there. Under Section 109, the burden of proving that the notes were not hers and that someone else placed them there is on Priya, as this fact is especially within her knowledge.

Example 3:

Rajesh is caught by a traffic police officer for driving a car without a valid driver's license. Rajesh argues that he has a valid license but forgot to carry it with him. According to Section 109, the burden of proving that he has a valid driver's license is on Rajesh, as the existence of the license is a fact especially within his knowledge.

Example 4:

Sunita is found with a large sum of money in her bag during a routine security check at the airport. She is suspected of money laundering. Sunita claims that the money is from the sale of her ancestral property. Under Section 109, the burden of proving that the money is from the sale of her ancestral property is on Sunita, as this fact is especially within her knowledge.

Example 5:

Amit is accused of trespassing on a private property. He claims that he had the owner's permission to be there. According to Section 109, the burden of proving that he had the owner's permission is on Amit, as this fact is especially within his knowledge.