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Section 106 of Indian Evidence Act, 1872

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Section 106 of Indian Evidence Act, 1872 deals with Burden of proving fact especially within knowledge

From the Act

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.


(a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.


Recent Cases / Related Cases / Case Laws

Other related sections from the Act

Related Acts

Related term

  • Evidence
  • Witness
  • Section 101: Burden of proof
  • Section 102: On whom burden of proof lies
  • Section 103: Burden of proof as to particular fact
  • Section 104: Burden of proving fact to be proved to make evidence admissible
  • Section 105: Burden of proving that case of accused comes within exceptions
  • Section 107: Burden of proving death of person known to have been alive within thirty years
  • Section 108: Burden of proving that person is alive who has not been heard of for seven years
  • Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • Section 110: Burden of proof as to ownership
  • Section 111: Proof of good faith in transactions where one party is in relation of active confidence