LAW OF EVIDENCE 553
2. Illustrations.
22 Cal 164.
Haradhan had 2 daughters—twins about a year old—sold one of them to Karuna a prostitute for Rs. 9 and within 10 days sold to Karuna who she had brought up from her infancy and who was then living with her and leading the life of a prostitute.
Question. On a prosecution under Sec. 372/373 for buying and selling minors for prostitution the question was who should prove that the intention was that the girls were to be used for prostitution. By the accused-being a matter within their knowledge.
23 All 124.
Several persons were found at 11 O’clock at night on a road just outside the city of Agra all carrying arms (guns and swords) concealed under their clothes. None of them had a license to carry arms, and none could give reasonable explanation of his presence at the spot.
On a charge under Section 402 held burden of intention on the Accused.
Section 111.
This section deals with the burden of proof in respect of the good faith of a transaction.
Definition of good faith.
(1) Good faith is not defined in the Evidence Act.
(2) It is defined in Section 52 of the Indian Penal Code. Nothing is said to be done or believed in ‘Good faith which is done of believed without due care and attention.
(3) It is also defined in Section 3 (20) of the General Clauses Act X of 1897.
“A thing shall be deemed to be done in good faith where it is in fact done honestly whether it is done negligently or not”.
(4) The difference between the two definitions is that the question of honesty is immaterial to good faith as defined by the Penal Code. But it is the very core of the definition as given in the General Clauses Act.
(5) The term good faith as used in the Evidence Act is used in the sense in which it is used in the General Clauses Act.