burden of proof.

SHEKHAR MISHRA (Querist) 29 September 2008 This query is : Resolved
A is charged with travelling on a railway without ticket.He denies this, on whom does the burden lies?

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Guest (Expert) 29 September 2008
Rialway laws requires production of a valid ticket anytime during travel. More facts are needed answer your query.

If he had a valid ticket, in what circumstances has been caught.

Adv.Shine Thomas (Expert) 29 September 2008
The burden of proof lies on A

salilkumarp (Expert) 29 September 2008
b/p is always on A it is A who asserts /denies that he has valid ticket
see evidence act sec 109

ARVIND JAIN (Expert) 29 September 2008
A IS BOUND TO PROVE THAT HE WAS TRAVELLING ON A VALID TICKET,THE RAILWAYS HAVE TO ESTABLISH THAT HE DONT HAVE ANY VALD TICKET.THAT ALL.

kavita jain (Expert) 29 September 2008
where a fact is specially within the knowledge of a party , the burden of proving that fact lies upon him( S. 106 , Evidence Act)In the instant case the burden of proof lies on A because the fact that A bought the ticket is known only to A and therefore, burden lies on him to prove that he bought the ticket.

K.C.Suresh (Expert) 30 September 2008
A has to prove his case.

G. ARAVINTHAN (Expert) 30 September 2008
Burden of proof lies on the person, who denies it. So A have to prove that he is not guilty of that offense atleast by showing the ticket

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