Section 106 of The Indian Evidence Act, 1872 View Chapter 7

Burden 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.

Illustration.

   (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.