What is Section 106 of the Indian Evidence Act?

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What is Section 106 of the Indian Evidence Act? Blog Image

Overview:

The Supreme Court recently held that Section 106 of the Evidence Act does not inherently impose a burden on the accused but comes into play when the accused fails to provide any explanation regarding facts that should be within their knowledge.

About Section 106 of the Indian Evidence Act

  • Section 106 of the Indian Evidence Act, 1872, deals with the burden of proof in cases where a fact isQ1: What is a Trial?
    A trial is a formal legal proceeding in which the facts and issues related to a case are examined, evidence is presented, and a judgment or verdict is rendered by a court of law. Trials are a fundamental part of the legal system in many countries and serve as a method for resolving disputes, determining guilt or innocence in criminal cases, and assessing liability or damages in civil cases.
     within the special knowledge of a person.
  • This section applies to civil and criminal cases alike and lays down an important principle of evidence.
  • The section states that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon that person.
  • This means that if a fact is known to a particular person and not to others, it is the responsibility of that person to prove it in court.
  • For example, in a case where the ownership of a property is disputed, and the disputed property was in the possession of the defendant, the burden of proving that he acquired the property lawfully and has the right to possess it will be on the defendant.
  • Similarly, in a criminal case where the accused is alleged to have killed someone with a knife, the burden of proving that the accused used the knife to commit the crime will be on the prosecution.
  • The burden of proof under Section 106 is not absolute, and the person who has the special knowledge of the fact is only required to prove it to the extent that is reasonable in the circumstances. 
  • The person is not required to prove the fact beyond all doubt, but only to the extent that a reasonable person would believe it to be true.

Q1: What is a Trial?

A trial is a formal legal proceeding in which the facts and issues related to a case are examined, evidence is presented, and a judgment or verdict is rendered by a court of law. Trials are a fundamental part of the legal system in many countries and serve as a method for resolving disputes, determining guilt or innocence in criminal cases, and assessing liability or damages in civil cases.
 

Source: Principles Of Applying Section 106 Of Evidence Act : Supreme Court Explains