114. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 111 Burden of proving that person is alive who has not been heard of for seven years
Section 113 Burden of proof as to ownership
Section 114 Proof of good faith in transactions where one party is in relation of active confidence
Section 115 Presumption as to certain offences
Section 116 Birth during marriage, conclusive proof of legitimacy
Section 117 Presumption as to abetment of suicide by a married woman
Section 118 Presumption as to dowry death
Section 119 Court may presume existence of certain facts
Section 120 Presumption as to absence of consent in certain prosecution for rape