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Section 110 BSA to Section 115 BSA|Section 111 BSA| Section 112 BSA|Section 110 BSA| Section 114 BSA

Updated: Feb 8

Section 110 BSA| Bharatiya Sakshya Adhiniyam, 2023


Burden of proving death of person known to have been alive within thirty years.


When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.


Section 111 BSA | Bharatiya Sakshya Adhiniyam, 2023


Burden of proving that person is alive who has not been heard of for seven years.


When the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.


Section 112 BSA | Bharatiya Sakshya Adhiniyam, 2023


Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.


When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those

relationships respectively, is on the person who affirms it.


Section 113 BSA | Bharatiya Sakshya Adhiniyam, 2023


Burden of proof as to ownership.


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.


Section 114 BSA | Bharatiya Sakshya Adhiniyam, 2023


Proof of good faith in transactions where one party is in relation of active confidence.


Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.


Illustrations.


(a) The good faith of a sale by a client to an advocate is in question in a suit brought

by the client. The burden of proving the good faith of the transaction is on the advocate.


(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.


Section 115 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to certain offences.


(1) Where a person is accused of having committed any offence specified in

sub-section (2), in—


(a) any area declared to be a disturbed area under any enactment for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order; or


(b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence.


(2) The offences referred to in sub-section (1) are the following, namely:—


(a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.


(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.


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