The Evidence Act 1872 was replaced by the BSA 2023 (in force 2024-07-01); no verified section mapping on file for Section 106 — confirm the corresponding provision (savings: Section 170, BSA 2023).
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. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.