Section 113 BSA 2023: Burden of Proof as to Ownership

Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) • Chapter VII: Of the Burden of Proof • In force from 1 July 2024

Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the burden of proof when ownership of property or another thing is disputed and one person is shown to be in possession. Once possession is established, the person asserting that the possessor is not the owner carries the burden of proving that assertion.

Meaning of Section 113 BSA

The provision creates an evidentiary rule connected with possession. If a person is shown to be in possession of a thing and the issue before the court is whether that person is its owner, the law places the burden on the person who denies the possessor's ownership.

The section does not declare that possession is conclusive proof of ownership. Instead, possession supplies the factual basis on which the burden shifts. The party alleging that the person in possession is not the owner must then establish the facts supporting that allegation through admissible evidence.

Essential Requirements

• There must be a dispute concerning ownership.
• The person whose ownership is in question must be shown to be in possession of the thing.
• Another person must affirm that the possessor is not the owner.
• The burden of proving non-ownership then lies on the person making that assertion.

Why Possession Matters

Section 113 reflects the evidentiary significance of possession. A person who challenges the ownership of an established possessor cannot ordinarily succeed merely by making a denial. That challenger must produce evidence capable of showing that the possessor does not own the thing in question.

The provision therefore regulates the burden of proof; it does not by itself decide questions of title. Documentary title, lawful transfer, inheritance, admissions, surrounding circumstances, and other admissible evidence may still determine the final issue.

Corresponding Provision under the Indian Evidence Act, 1872

The corresponding provision under the repealed Indian Evidence Act, 1872 was Section 110, also titled "Burden of proof as to ownership." Under the Bharatiya Sakshya Adhiniyam, 2023, the same subject appears as Section 113.

Related BSA Provisions

Section 113 forms part of Chapter VII relating to burden of proof. It should be read with the general burden provisions beginning with Section 104 BSA - Burden of proof and the neighboring provisions dealing with specific burden rules.