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IEA, 1872
Start Practicing
IEAChapter VIISection 110
Section110

Burden of proof as to ownership

AI Assist

Summary

If someone is shown to be in possession of a thing and ownership is disputed, the person who says he is not the owner must prove that he is not. This rule applies once possession is established as a fact. The consequence is that the denial of ownership carries the burden of proof.

Example

Ravi is found in possession of a bicycle that a neighbour claims is theirs. Ravi tells the court he is not the owner. Because Ravi is shown in possession, he must prove he is not the owner, for example by producing a bill or proof that he was only storing it with permission.

Bare Act

Enacted text

When 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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VII

Chapter VII

Of the Burden of Proof

In this chapter

  • 101Burden of proof
  • 102On whom burden of proof lies
  • 103Burden of proof as to particular fact
  • 104Burden of proving fact to be proved to make evidence admissible
  • 105Burden of proving that case of accused comes within exceptions
  • 106Burden of proving fact especially within knowledge
  • 107Burden of proving death of person known to have been alive within thirty years
  • 108Burden of proving that person is alive who has not been heard of for seven years
  • 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • 110Burden of proof as to ownership
  • 111Proof of good faith in transactions where one party is in relation of active confidence
  • 111APresumption as to certain offences
  • 112Birth during marriage, conclusive proof of legitimacy
  • 113Proof of cession of territory
  • 113APresumption as to abetment of suicide by a married woman
  • 113BPresumption as to dowry death
  • 114Court may presume existence of certain facts
  • 114APresumption as to absence of consent in certain prosecutions for rape. 1
Previous · Section 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agentNext · Section 111Proof of good faith in transactions where one party is in relation of active confidence