# 106 Burden of proving fact especially within knowledge

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustration

(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.

(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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CHAPTER VII.--OF THE BURDEN OF PROOF

102

On whom burden of proof lies

103

Burden of proof as to particular fact

104

Burden of proving fact to be proved to make evidence admissible

105

Burden of proving that case of accused comes within exceptions

107

Burden of proving death of person known to have been alive within thirty years

108

Burden of proving that person is alive who has not been heard of for seven years

109

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

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