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Indian law as of 8 November 2026. Under the Bharatiya Sakshya Adhiniyam, 2023, A is charged with…

Section 109 places proof of a fact especially within a person’s knowledge on that person. Illustration (b) applies this to A’s possession of the ticket. The prosecution…

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Indian law as of 8 November 2026.

Under the Bharatiya Sakshya Adhiniyam, 2023, A is charged with travelling by train without a ticket. Who bears the particular burden of proving that A had a ticket?

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Answer and explanation

Correct answer C

Section 109 places proof of a fact especially within a person’s knowledge on that person. Illustration (b) applies this to A’s possession of the ticket. The prosecution retains its ordinary burden to establish the case against A.

Option feedback

Option A

The ticket checker may testify, but section 109 does not assign the checker this particular burden.

Option B

The operator does not bear the particular burden of showing that A held a ticket.

Option C

Possession of the ticket is especially within A’s knowledge. Illustration (b) assigns proof of that fact to A.

Option D

The prosecution bears its ordinary burden to establish its case. Section 109 places proof of the specific fact that A had a ticket on A.

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