Evidence Act · s 106

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s 106Burden of proving fact especially within knowledge

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.

Evidence

Burden of proving death of person known to have been alive within 30 years.