INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
111. Proof of good faith in transactions where one party is in relation of active confidence.
114. Proof of good faith in transactions where one party is in relation of active confidence.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
111. Proof of good faith in transactions where one party is in relation of active confidence. ––
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the
other in a position of active confidence, the burden of proving the good faith of the transaction is on the
party who is in a position of active confidence.
Illustrations
(a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client.
The burden of proving the good faith of the transaction is on the attorney.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by
the son. The burden of proving the good faith of the transaction is on the father.
3
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
114. Proof of good faith in transactions where one party is in relation of active confidence.—
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the
other in a position of active confidence, the burden of proving the good faith of the transaction is on the
party who is in a position of active confidence.
Illustrations.
(a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client.
The burden of proving the good faith of the transaction is on the advocate.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the
son. The burden of proving the good faith of the transaction is on the father.
Current law India Code — BSA 2023