Section 109: Burden of Proof as to Relationship

Overview

Section 109 of the Bhartiya Sakshya Bill, 2023, deals with who needs to *prove* a relationship exists in court. Simply put, if someone claims a family connection (like being a parent, child, or sibling), they are the ones who must present evidence to convince the judge that the relationship is real. This is especially true if there’s already been some indication that the relationship *might* exist.

Key Principles / Ingredients

• Type of Evidence: This section applies to all types of evidence – oral testimony (what people say in court), documents (birth certificates, marriage certificates), and even electronic records (family photos, messages). It doesn’t create a specific type of evidence, but dictates *how* existing evidence is assessed.
• Conditions for Relevancy: The relationship must be ‘factually admitted’ or shown to exist in some way before the burden of proof shifts. For example, if someone is identified as a ‘son’ in a document, the court will expect proof of the parentage.
• Burden of Proof Implications: The person claiming the relationship bears the ‘burden of proof’. This means they must present enough credible evidence to satisfy the court that the relationship is genuine. If they fail to do so, the court won’t accept the relationship as a fact.

How Courts Use this Provision

Judges use Section 109 to determine who needs to present evidence regarding a relationship. They will first look to see if the relationship has been suggested or admitted in some way. If so, the person asserting the relationship must then provide evidence to support their claim. The court will assess the evidence based on its reliability and credibility. The standard of proof is generally ‘preponderance of probabilities’ – meaning it’s more likely than not that the relationship exists.

Illustrations and Examples

• Example 1 – Simple Situation: A man claims inheritance from his deceased father. He presents his father’s will naming him as a son. The other siblings challenge this, claiming he isn’t the biological son. Section 109 places the burden on the man to *prove* his relationship to the deceased father (e.g., through a birth certificate, DNA evidence, or reliable testimony).
• Example 2 – More Complex Situation: A woman claims maintenance from her husband, stating they are legally married. The husband denies the marriage, claiming it was a customary ceremony without legal registration. Section 109 requires the wife to prove the validity of the marriage – presenting the marriage certificate (if available), or evidence of a legally recognized marriage ceremony.

Important Provisos / Explanations

The section doesn’t have specific provisos or explanations attached to it. Its operation is straightforward: the person asserting the relationship must prove it, particularly when some initial indication of the relationship exists.

Difference from Old Evidence Act (if applicable)

The Bhartiya Sakshya Bill, 2023, largely retains the principles of the Indian Evidence Act, 1872, regarding burden of proof. Section 109 is a continuation of the existing legal framework, with no significant shifts in the core principle of who must prove a relationship. The new Bill aims for clarity and simplification rather than fundamental changes to established evidentiary rules.

Key Takeaways

• If you claim a relationship in court, you must be prepared to prove it.
• The burden of proof is on the person *asserting* the relationship.
• All types of evidence can be used to prove a relationship.
• The section is particularly relevant when the relationship is initially suggested or admitted.