Section 114 of BSA : Section 114: Proof of good faith in transactions where one party is in relation of active confidence.

Explanation using Example

Example 1:

Ravi, a young man who recently turned 18, sells a piece of ancestral land to his father, Mr. Sharma, for a significantly lower price than its market value. A few months later, Ravi realizes that he might have been taken advantage of due to his lack of experience and files a suit against his father, questioning the good faith of the transaction. According to Section 114 of The Bharatiya Sakshya Adhiniyam 2023, the burden of proving that the transaction was conducted in good faith lies on Mr. Sharma, as he is in a position of active confidence being Ravi's father.

Example 2:

Ms. Priya, a successful businesswoman, decides to sell her company shares to her long-time financial advisor, Mr. Kapoor. Later, Ms. Priya suspects that Mr. Kapoor might have used his position to influence her decision and files a suit questioning the good faith of the transaction. Under Section 114 of The Bharatiya Sakshya Adhiniyam 2023, Mr. Kapoor, being in a position of active confidence as Ms. Priya's financial advisor, has the burden of proving that the transaction was conducted in good faith.

Example 3:

Dr. Mehta, a renowned doctor, sells his clinic to his assistant, Dr. Ramesh, who has been working with him for over a decade. After the sale, Dr. Mehta feels that Dr. Ramesh might have used their close professional relationship to get the clinic at a lower price and files a suit. According to Section 114 of The Bharatiya Sakshya Adhiniyam 2023, Dr. Ramesh, being in a position of active confidence as Dr. Mehta's long-time assistant, must prove that the transaction was conducted in good faith.

Example 4:

An elderly woman, Mrs. Gupta, sells her house to her caregiver, Ms. Anjali, for a price much lower than its market value. Mrs. Gupta's children believe that Ms. Anjali might have unduly influenced their mother and file a suit questioning the good faith of the transaction. Under Section 114 of The Bharatiya Sakshya Adhiniyam 2023, Ms. Anjali, being in a position of active confidence as Mrs. Gupta's caregiver, has the burden of proving that the transaction was conducted in good faith.