When a person does an act with some intention other than that which the character and circumstances ...........

Indian Evidence Act (IEA) 1872 Burden of Proof

When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon -

the person as per section 106 of the Evidence Act

the other party

the prosecution

one who has special knowledge about the fact

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Explanation:

Illustration (a) to Section 106 of the Evidence Act –
106. Burden of proving fact especially within knowledge. –– When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.