Burden of proving fact especially within knowledge : Section 106, Indian Evidence Act,1872
Burden of Proving Facts Especially Within Knowledge: Section 106, Indian Evidence Act, 1872
Section 106 of the Indian Evidence Act, 1872 states:
"When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him."
Key Elements of Section 106:
Special Knowledge Requirement – The section applies only when a fact is exclusively or peculiarly within the knowledge of a particular person.
Burden Shifts to the Accused/Party – Unlike the general rule (prosecution must prove guilt), this section places the burden on the person who has special knowledge of the fact.
Not a Substitute for Prosecution’s Duty – The prosecution must still establish a prima facie case before this section applies.
When Does Section 106 Apply?
Criminal Cases:
If an accused claims alibi, they must prove it.
If a person is last seen with the deceased, they must explain what happened. (Shambu Nath Mehra v. State of Ajmer, AIR 1956 SC 404*)
Civil Cases:
If a defendant denies a transaction but has exclusive knowledge of it, they must provide evidence.
Exceptions & Limitations:
Does not reverse the general burden of proof (Prosecution must first prove its case beyond reasonable doubt).
Cannot be used to compel self-incrimination (Article 20(3), Constitution of India).
Case Laws:
Shambu Nath Mehra v. State of Ajmer (1956) – Section 106 does not relieve the prosecution of its primary burden.
State of W.B. v. Mir Mohammad Omar (2000) – If accused fails to explain a fact within their knowledge, adverse inference can be drawn.
Conclusion:
Section 106 is an exception to the general rule of burden of proof and applies only when a fact is uniquely within the knowledge of a party. It ensures that those with special information must come forward with evidence, but does not replace the prosecution's duty to establish guilt.
Legal Maxim: "He who knows must prove."
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