Section 217 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 217 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 states:
"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."
Explanation:
This section deals with a specific situation regarding the burden of proof in legal proceedings. Normally, the party who asserts a fact has to prove it. However, Section 217 creates an exception to this general rule.
Key Points:
If a particular fact is specially or uniquely known to a person (i.e., it is within their exclusive knowledge), then that person must prove it.
This is meant to prevent unfairness — otherwise, a person could benefit from withholding information only they have.
Example:
Suppose a person is found in possession of stolen goods. It is especially within their knowledge how they came to possess those goods. Hence, they must explain or prove how they obtained them lawfully.
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