Indian evidence law | Updated October 2026

Section 109 Evidence Act and Section 112 BSA: Proof of Legal Relationships

The law of evidence places the burden on a person who denies an established partnership, landlord-tenant relationship or principal-agent relationship, or claims that it has ended. The current rule appears in Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), corresponding to former Section 109 of the Indian Evidence Act, 1872.

Section 112 of the Bharatiya Sakshya Adhiniyam, 2023

Section 112 is titled Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. Its statutory wording is:

When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

Official source: Bharatiya Sakshya Adhiniyam, 2023, India Code (PDF).

Former Section 109 of the Indian Evidence Act, 1872

Section 109 of the Indian Evidence Act, 1872 carried the same substantive rule and was titled Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. Its wording was:

The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024 and repealed the Indian Evidence Act, 1872, subject to the repeal and savings provision in Section 170. The applicable legislation for a particular proceeding must be determined with regard to those savings and the case's procedural history.

Meaning and operation of the burden of proof

The rule applies when the existence or continuation of one of the specified relationships is disputed. First, evidence must show that the parties have been acting in the relevant relationship. Once that foundational fact is established, the party asserting that the relationship never existed or has ended bears the burden of proving that assertion.

Initial proof: Show conduct and other admissible evidence consistent with the claimed relationship.
Shifted burden: The person denying the relationship or alleging its termination must substantiate that position.
Scope: The rule concerns proof of the relationship; it does not by itself determine contractual rights, statutory protections or remedies.

Relationships covered by Section 112

1. Partnership

If two persons are shown to have been acting as business partners, a person asserting that no partnership exists or that it has dissolved must prove that assertion. Relevant evidence may include partnership deeds, accounts, profit-sharing arrangements and business dealings. Whether a partnership legally exists also depends on applicable partnership law and the actual agreement and conduct.

2. Landlord and tenant

When parties have acted as landlord and tenant, a party alleging that the tenancy did not exist or has terminated bears the burden of proving that claim. Rent receipts, lease documents, communications, payment records and possession may be relevant. A valid termination must still satisfy applicable tenancy law.

3. Principal and agent

Where a person has acted on another's behalf as an agent, the party denying the agency or alleging its termination must prove the relevant facts. Authority letters, instructions, transactions and communications can help establish the parties' conduct. The extent of authority remains a separate issue.

Practical illustrations

Tenancy: A tenant produces a lease and regular rent receipts. The landlord alleges that the tenancy was later terminated. The landlord must prove the asserted termination; Section 112 does not dispense with any statutory termination requirements.

Agency: A company regularly authorises a representative to negotiate with suppliers. It later claims the representative's authority ended. Once the earlier agency is established, the company must support its claim that the relationship ceased, subject to the applicable law and facts.

What evidence can establish or disprove a relationship?

Depending on the dispute, courts may examine written agreements, payment records, account books, notices, correspondence, electronic communications, witness testimony and the parties' actual conduct. Evidence of dissolution, expiry, revocation, surrender or termination may be relevant to a claim that a relationship has ended. Admissibility and evidentiary weight depend on the governing rules.

Important: Section 112 is an evidentiary rule about who must prove a disputed fact. It does not create a partnership, tenancy or agency merely because one party describes the arrangement that way, and it does not override mandatory substantive law.

Frequently asked questions

What is the current equivalent of Section 109 of the Evidence Act?

Section 112 of the Bharatiya Sakshya Adhiniyam, 2023. It retains the substance of the earlier provision.

Does the relationship have to be established first?

Yes. There must be proof that the parties have been acting as partners, landlord and tenant, or principal and agent before the special burden under this section operates.

Who proves that an established relationship has ended?

The party asserting that the relationship has ceased bears the burden of proving that assertion.

Does Section 112 decide whether a lease was lawfully terminated?

No. It allocates the burden of proof; the validity of termination depends on the relevant tenancy and contract law.

Official legal references

This article is general legal information and not a substitute for advice on the facts of an individual case.