Section 114 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 114 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 114: Proof of Good Faith in Transactions Where One Party Is in a Relation of Active Confidence
Text of Section 114:
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.(thelawadvice.com)
๐ง Meaning and Scope
Section 114 addresses situations where the good faith of a transaction is questioned, and one party holds a position of active confidence over the other. In such cases, the law places the burden of proof on the party in the position of active confidence to demonstrate that the transaction was conducted in good faith.
A position of active confidence refers to a relationship where one party has influence or trust over the other, such as between a client and an advocate, or a parent and a child.
โ๏ธ Practical Implications
Client and Advocate: If a client sells property to an advocate and later questions the transaction's good faith, the advocate must prove the transaction was fair.(thelawadvice.com)
Parent and Adult Child: If an adult child sells property to a parent and later disputes the transaction's good faith, the parent must prove the transaction was fair.(thelawadvice.com)
This provision ensures that parties in positions of trust or influence are held to a higher standard of accountability in transactions, protecting vulnerable parties from potential exploitation.
๐งพ Example
Suppose Ravi, a young man who recently turned 18, sells a piece of ancestral land to his father, Mr. Sharma, for a significantly lower price than its market value. A few months later, Ravi realizes that he might have been taken advantage of due to his lack of experience and files a suit against his father, questioning the good faith of the transaction.(kanoongpt.in)
According to Section 114, the burden of proving that the transaction was conducted in good faith lies on Mr. Sharma, as he is in a position of active confidence being Ravi's father.(kanoongpt.in)
๐ Summary
Section 114 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that in transactions where one party holds a position of active confidence over the other, the burden of proving the transaction's good faith lies with the party in the position of confidence. This provision aims to protect parties who may be vulnerable due to the trust or influence exerted by the other party.
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