Evidence Act 1893 · 2020 Revised Edition · Part 3 · Production and Effect of Evidence
108. Burden of proving fact especially within knowledge
Feedback & supportWhen any fact is especially within the knowledge of any person, the burden of proving that fact is upon that person.Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon that person. (b) A is charged with travelling on a railway without a ticket. The burden of proving that A had a ticket is on him or her.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(b)any mental condition of which any person is conscious;Illustrations(a) That there are certain objects arranged in a certain order in a certain place is a fact.(b) That a man heard or saw something is a fact.(c) That a man said certain words is a fact.(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.(e) That a man has a certain reputation is a fact.