Burden of proving fact especially within knowledge
AI Assist
Summary
When a fact is especially within a person’s knowledge, the duty to prove that fact rests on that person. It kicks in when someone asserts an unusual intention behind an act or claims possession of a document or ticket. The consequence is that the person must produce evidence to support the claim.
Example
Ravi is stopped on a train and accused of travelling without a ticket. He claims he had a ticket, so the burden is on Ravi to produce the ticket or other proof that he had paid.
Bare Act
Enacted textWhen any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Illustrations.
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(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 him.
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(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.
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