Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter VII · Burden of Proof
106. Burden of proving fact especially within knowledge
Feedback & supportWhen any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
fact
“fact” means and includes— (a) any thing, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious; (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact;
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.
A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.
Evidence 79
evidence
“evidence” includes— (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence;