Section113
Burden of proof as to ownership
AI Assist
Summary
Possession creates an initial inference that the possessor is the owner. When a person who is shown to be in possession denies ownership, the burden of proving that they are not the owner lies on the person who asserts non-ownership.
Example
Priya is found with a gold necklace and tells the police it belongs to a friend, not her. Since she is shown in possession but denies ownership, Priya must prove she is not the owner.
Bare Act
Enacted textWhen the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.
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