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Indian law as at 6 November 2026. In section 109 illustration(b) of the Bharatiya Sakshya…

BSA 109 puts proof of a fact especially within a person's knowledge on that person. Its railway-ticket illustration puts proof of holding the ticket on A; this does not…

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Indian law as at 6 November 2026.

In section 109 illustration(b) of the Bharatiya Sakshya Adhiniyam,2023, A is charged with railway travel without a ticket. Who must prove that A had a ticket?

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Answer and explanation

Correct answer C

BSA 109 puts proof of a fact especially within a person's knowledge on that person. Its railway-ticket illustration puts proof of holding the ticket on A; this does not transfer the prosecution's entire burden of establishing the offence.

Option feedback

Option A

Ticket checker is not assigned proof that A held a ticket by this illustration.

Option B

The railway is not assigned that particular burden by the illustration.

Option C

Section 109 illustration(b) places proof that A had a ticket on A.

Option D

The prosecution retains its ordinary foundational burden, but proof of this especially-known fact rests with A.

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