Burden of proving fact especially within knowledge
AI Assist
Summary
If a fact is especially within a person’s knowledge, that person must prove it. This applies when one party alone can reasonably show a detail the case turns on. The court will expect evidence from that person; if they fail, the fact may be treated against them.
Example
Ravi is accused of travelling on a train without a ticket. Because only Ravi can realistically show whether he had a ticket, the burden of proving he had one is on him; if he cannot produce it, the court may disbelieve his claim.
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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