When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Indian Evidence Act, 1872
Section 106
Burden of proving fact especially within knowledge
Englishहिंदी
⚡ Quick Answer Reference: Section 106 IEA
- Provision: Section 106 of IEA
- Act: Indian Evidence Act, 1872
- Classification: evidence
- Jurisdiction: India
- Summary: This section places the burden of proof on a person who has special knowledge of a fact. It means if a fact is especially known to someone, they must prove it.
Statutory Content
What does Section 106 of IEA say?
Indian StandardSection 106, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 106 (India)
Court Pleading StandardSection 106 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/106
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).
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Section Meaning & Purpose
What does Section 106 of IEA mean?
Plain English Explanation
This section places the burden of proof on a person who has special knowledge of a fact. It means if a fact is especially known to someone, they must prove it.
Practical Interpretation
In practice, this section operates by shifting the burden of proof to the party who is more likely to have knowledge of the fact in question, making it easier for the other party to establish their case.
Core Legal Purpose
The core purpose is to ensure fairness in legal proceedings by requiring individuals with unique knowledge of a fact to prove it, rather than placing the burden on someone who may not have access to such information.
Key Legal Elements
- •The fact must be especially within the knowledge of the person.
- •The person must be in a position to prove the fact.
- •The key legal test is whether the fact is uniquely within the knowledge of one party.
- •There is no explicit exception mentioned in this section, but the application may vary based on the context of the case.
Practical Example
Practical Example of Section 106 IEA
For example, if Rajesh is suing a company for a defective product, and the company's internal quality control reports are especially within the knowledge of their quality control manager, Amit, then Amit or the company would have the burden of proving the contents of those reports if they are relevant to the case.
Common Questions (FAQ)
Frequently Asked Questions about Section 106 IEA
Q: What is the punishment or consequence under Section 106 of IEA?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the allocation of the burden of proof in legal proceedings.
Q: Does this section apply to private individuals or public entities?
This section applies to any person who has special knowledge of a fact, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the criminal sense but rather with the burden of proof in evidence. Therefore, it is not classified as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 106 IEA
What is Section 106 of IEA?
Section 106 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Burden of proving fact especially within knowledge". In plain terms: This section places the burden of proof on a person who has special knowledge of a fact. It means if a fact is especially known to someone, they must prove it.
What are the elements of Section 106 of IEA?
The essential elements of Section 106 of IEA are: The fact must be especially within the knowledge of the person.; The person must be in a position to prove the fact.; The key legal test is whether the fact is uniquely within the knowledge of one party..
What replaced Section 106 of IPC in BNS?
Section 106 of the Indian Penal Code (IPC) was replaced by Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023. Special knowledge: Identical.
Law Transition Mapping
Replaced by New Law
This SectionSection 106Indian Evidence Act (IEA)
→New LawSection 106Bharatiya Sakshya Adhiniyam (BSA)
⚠️ Material Change: Special knowledge: Identical.
View New Law Equivalent →Compare Side-by-Side →Landmark Case Laws
Landmark Judgments under Section 106 IEA
Patnahcucisdb94 High Court (10 8)
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