Section 113 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), in English:
๐ Section 113 โ Burden of Proof as to Ownership
Text of Section 113:
"When the question is whether any person is the 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."(kanoongpt.in)
๐งพ Key Provisions Explained:
Possession as Prima Facie Evidence of Ownership:
This section establishes that possession of an item or property is considered prima facie evidence of ownership.
Burden on the Contesting Party:
If someone challenges the ownership of the person in possession, the burden of proof shifts to the challenger. They must provide evidence to prove that the person in possession is not the owner.
Affirmative Assertion:
The person disputing the ownership must affirmatively assert that the possessor is not the owner and provide supporting evidence.(kanoongpt.in)
โ๏ธ Significance of Section 113:
Protects Possessors:
This provision safeguards individuals who are in possession of property, ensuring that they are presumed to be the owners unless proven otherwise.
Encourages Proper Documentation:
It emphasizes the importance of maintaining clear records and documentation to establish ownership, as mere possession may not be sufficient to prove ownership in disputes.
Promotes Fairness in Legal Proceedings:
By placing the burden of proof on the person challenging ownership, it ensures fairness and prevents frivolous claims against possessors.(kanoongpt.in)
๐งโโ๏ธ Illustrative Example:
Scenario:
Ravi has been living in and maintaining a house in Mumbai for the past 10 years. One day, Suresh claims that the house actually belongs to him and not Ravi.(kanoongpt.in)
Application of Section 113:
Under Section 113, Ravi's long-term possession of the house is presumed to indicate ownership. Therefore, Suresh must provide evidence to prove that Ravi is not the owner. Simply asserting ownership without evidence would not be sufficient to disprove Ravi's ownership.
๐ Summary:
| Aspect | Provision |
|---|---|
| Presumption of Ownership | Possession is presumed to be ownership. |
| Burden of Proof | On the person challenging ownership to prove the possessor is not the owner. |
| Requirement for Challenge | Must provide affirmative evidence to dispute ownership. |
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