Section 111: Proof of good faith in transactions where one party is in relation of active confidence

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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 attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.

(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.

Where this provision sits

Act	The Indian Evidence Act, 1872
Section	111
Marginal note	Proof of good faith in transactions where one party is in relation of active confidence
Jurisdiction	Central
Status	Repealed
Judgments citing it	1

Judgments that turned on this provision

SAT/23/2025 of PRIYASHANKAR SENGUPTA Vs SOVA SENGUPTA AND ANRCalcutta High Court · 2026-01-09
RAJA RAM vs JAI PRAKASH SINGHSupreme Court of India · 2019-09-11
CFA/143/1986 of KANHA Vs KALU AND ORS.High Court of Rajasthan · 2006-08-04

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