BSA Section 109 — Burden of proving fact especially within knowledge

Summary

This section deals with situations where a particular fact is known only to one person. When a fact is especially within the knowledge of a specific person, the responsibility or burden of proving that fact lies on that person. In other words, if you are the only one who knows something relevant to a case, you must prove it.

Illustration (a) explains that when a person does an act with an intention different from what the act's nature and circumstances suggest, that person has the burden of proving what their actual intention was.

Illustration (b) gives an example: if a person is charged with travelling on a railway without a ticket, the burden of proving that they had a ticket is on that person.

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.

Old <-> New Code Mapping

• IEA §106 — Burden of proving fact especially within knowledge