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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Anil is shown to be in possession of a vintage car. Bhavna claims that Anil is not its owner and that it belongs to her. Under the Bharatiya Sakshya Adhiniyam, 2023, who bears the burden of proving that Anil is not the owner?

Bhavna bears the burden. Under Section 113, where a person is shown to be in possession of a thing, whoever affirms that he is not the owner must prove it. Possession is not conclusive, but it shifts the burden to the challenger.

  1. AAnil, who must prove his ownership because he holds the car
  2. BBhavna, who affirms that Anil is not the ownerCorrect
  3. CNeither, as possession is conclusive proof of ownership
  4. DThe person who first approached the Court, whoever it may be

Explanation

Section 113 says that when a person is shown to be in possession of a thing and ownership is in question, the burden of proving he is not the owner lies on the person who affirms that he is not. Bhavna so affirms. Possession is not conclusive proof, as the burden can be discharged by evidence, so the third option is wrong.

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