'A' is charged with travelling on a train without a ticket. As per the Indian Evidence Act, 1872, who among the following has to prove that he had a ticket ?

According to Section 106 of the Indian Evidence Act, 1872, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon them. This principle is an exception to the general rule that the prosecution must prove every fact necessary to establish the guilt of the accused.

Illustration (b) of Section 106 specifically provides for this scenario: "A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him." Because the possession of a valid ticket is a fact peculiarly within the knowledge of the passenger, the law shifts the burden of proof to the individual 'A' to produce the ticket as evidence of his innocence regarding that specific charge.