Section 106 of the Indian Evidence Act (1872)

  • Recently, the Supreme Court held that Section 106 of the Indian 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.
  • Section 106 deals with the burden of proof in cases where a fact is 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 ....
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