Evidence Act to BSA
Evidence Act Section 106 in BSA: Section 109
Section 106 of the Indian Evidence Act, 1872 (Burden of proving fact especially within knowledge) corresponds to Section 109 of the Bharatiya Sakshya Adhiniyam, 2023.
Last updated 9 October 2026
Evidence Act 106 and BSA 109 at a glance
| Evidence Act (old) | BSA (new) | |
|---|---|---|
| Section | 106 | 109 |
| Heading | Burden of proving fact especially within knowledge | Burden of proving fact especially within knowledge |
| Mapping | Direct equivalent | |
What Evidence Act Section 106 covered
Provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon that person.
What changed in BSA Section 109
The provision is carried over as BSA Section 109 without substantive change.
Which law applies: Evidence Act or BSA?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
Evidence Act 106: common questions
What is the new section for Evidence Act 106?
Evidence Act Section 106 (Burden of proving fact especially within knowledge) corresponds to Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between Evidence Act 106 and BSA 109?
The provision is carried over as BSA Section 109 without substantive change.
Does Evidence Act Section 106 still apply to older cases?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Related Evidence Act sections
- Evidence Act 101 to BSA 104 · Burden of proof
- Evidence Act 113A to BSA 117 · Suicide presumption
- Evidence Act 113B to BSA 118 · Dowry death presumption
- Evidence Act 114 to BSA 119 · Presumptions of fact
- Evidence Act 115 to BSA 121 · Estoppel
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.