Indian Evidence Act, 1872
IEA Section 106 in BSA
Burden of proving fact especially within knowledge. Section 106 of the Indian Evidence Act, 1872 (Burden of proving fact especially within knowledge) corresponds to Section 109 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
When a fact is especially within the knowledge of a person, the burden of proving it lies:
Answer & explanation
On the person within whose special knowledge the fact lies
BSA Section 109 corresponds to IEA Section 106. It does not shift the general burden on the prosecution to prove its case beyond reasonable doubt.
Statement: Section 106 BSA places the burden of proving a fact especially within a person's knowledge upon that person. Conclusion I: It relieves the prosecution of proving the ingredients of the offence. Conclusion II: In a case of a death inside a house occupied by the accused, his failure to explain is a circumstance that may be weighed. Which is correct?
Answer & explanation
Only Conclusion II follows
The provision never shifts the primary burden; the prosecution must still make out its case. Once it does, an unexplained fact within the accused's knowledge becomes an additional link.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 103 | Burden of proof as to particular fact | 106 |
| 104 | Burden of proving fact to be proved to make evidence admissible | 107 |
| 105 | Burden of proving that case of accused comes within exceptions | 108 |
| 107 | Burden of proving death of person known to have been alive within thirty years | 110 |
| 108 | Burden of proving that person is alive who has not been heard of for seven years | 111 |
| 111A | Presumption as to certain offences | 116 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table