Evidence Act 1872 Section 106

Evidence Act Section 106 addresses the burden of proof concerning particular facts in legal proceedings. It specifies that when a party relies on a fact to support their claim or defense, that party must prove the existence of that fact. This rule is crucial in both civil and criminal cases to ensure fairness and clarity in the presentation of evidence.

Understanding Section 106 is vital for litigants, lawyers, and courts as it delineates responsibilities in proving facts, preventing undue burden on the opposing party, and facilitating efficient trial management. It helps clarify who must produce evidence for specific assertions, impacting case strategies and judicial outcomes.

Evidence Act Section 106 – Exact Provision

This section means that if a fact can only be known by a particular person, that person must prove it. It shifts the burden of proof to the party best positioned to provide evidence about that fact. This principle promotes fairness by requiring the party with exclusive knowledge to substantiate their claims.

• Places burden on the person with special knowledge of the fact.

• Applies when a fact is not easily accessible to others.

• Ensures evidence is produced by the party most capable of proving the fact.

• Supports efficient judicial process by focusing proof obligations.

Explanation of Evidence Act Section 106

Section 106 clarifies who must prove certain facts in a case, particularly those known only to one party.

• The section states that the burden lies on the person with special knowledge of the fact.

• Affects accused, plaintiffs, defendants, witnesses, and others who rely on particular facts.

• Requires production of evidence for facts uniquely known to a party.

• Triggered when a fact is claimed but not easily accessible to the opposing side.

• Admissible evidence must be sufficient to prove the fact by the party with knowledge.

• Facts not within a party's knowledge are not their burden to prove.

Purpose and Rationale of Evidence Act Section 106

This section ensures fairness by assigning the burden of proof to the party best able to prove a fact, preventing unjust hardship on the opposing party and promoting truthful evidence presentation.

• Ensures reliable evidence by requiring proof from knowledgeable parties.

• Promotes fairness by balancing evidentiary responsibilities.

• Prevents manipulation by shifting proof to the party with exclusive knowledge.

• Strengthens judicial truth-finding by clarifying proof obligations.

When Evidence Act Section 106 Applies

Section 106 applies when a fact is especially within the knowledge of one party, and that party relies on it to prove their case. It is invoked in both civil and criminal trials to allocate proof responsibilities properly.

• Applies when a fact is uniquely known by a party.

• May be invoked by any party relying on such a fact.

• Relevant in criminal and civil contexts.

• Scope limited to facts especially within one party's knowledge.

• Exceptions occur if law or other sections provide otherwise.

Burden and Standard of Proof under Evidence Act Section 106

Section 106 places the burden of proof on the party who relies on a fact especially within their knowledge. The standard of proof depends on the nature of the case: 'beyond reasonable doubt' in criminal cases and 'preponderance of probabilities' in civil cases. This section works alongside Sections 101 to 114, which outline general presumptions and burden rules.

• Burden lies on the party with special knowledge of the fact.

• Standard varies by case type: criminal or civil.

• Interacts with general burden and presumption rules in the Evidence Act.

Nature of Evidence under Evidence Act Section 106

This section deals primarily with the burden of proof concerning facts within a party's special knowledge. It does not directly address admissibility or relevance but influences what evidence must be produced. Procedural obligations require parties to provide evidence for such facts to meet their burden.

• Focuses on burden of proof for particular facts.

• Does not itself determine admissibility or relevance.

• Requires production of evidence by the knowledgeable party.

• Limits shifting burden to opposing parties unfairly.

Stage of Proceedings Where Evidence Act Section 106 Applies

Section 106 is relevant during the proof stage of trials and inquiries when parties present evidence. It guides who must produce evidence for specific facts during examination and cross-examination and can be considered during appeals if admissibility or proof issues arise.

• Applies mainly during trial and inquiry stages.

• Relevant during examination and cross-examination of witnesses.

• May be considered during appeals on evidentiary grounds.

• Not applicable during investigation stage.

Appeal and Challenge Options under Evidence Act Section 106

Rulings on burden of proof under Section 106 can be challenged through appeals or revisions. Higher courts review whether the trial court correctly assigned and evaluated the burden. Appellate courts generally defer to trial courts unless there is a clear error affecting justice.

• Challenges made via appeal or revision petitions.

• Higher courts review correctness of burden assignment.

• Standards require showing miscarriage of justice.

• Timelines follow procedural rules for appeals.

Example of Evidence Act Section 106 in Practical Use

In a civil dispute, person X claims that a contract was signed with certain terms. Since the contract is especially within X's knowledge, Section 106 requires X to prove the contract's existence and terms. During trial, X produces the document and witnesses to meet this burden. The opposing party is not required to prove the contract's terms.

• The party relying on a fact must prove it.

• Prevents shifting proof burden unfairly.

Historical Background of Evidence Act Section 106

Section 106 was introduced in 1872 to address fairness in proof by assigning the burden to the party best able to prove a fact. Historically, courts struggled with proof when facts were only known to one party. This section evolved through judicial interpretation to clarify burden allocation and avoid injustice.

• Introduced in the original 1872 Act for fairness.

• Addressed difficulties in proving facts known only to one party.

• Judicial evolution refined its application over time.

Modern Relevance of Evidence Act Section 106

In 2026, Section 106 remains vital, especially with digital evidence where parties may uniquely control data. It supports judicial reforms and e-courts by clarifying proof responsibilities in complex cases involving electronic records and digital transactions.

• Applies to digital and electronic evidence.

• Supports judicial reforms and e-court procedures.

• Ensures clarity in burden of proof in modern litigation.

Related Evidence Act Sections

• Evidence Act Section 101 – Burden of Proof

  – General rules on who must prove facts in civil and criminal cases.

• Evidence Act Section 102 – On Whom Burden of Proof Lies

  – Clarifies burden allocation between parties.

• Evidence Act Section 103 – Burden of Proof as to Particular Fact

  – Addresses shifting burden during trial.

• Evidence Act Section 105 – Burden of Proof as to Existence of Particular Fact

  – Deals with presumptions and burden shifts.

• Evidence Act Section 114 – Court May Presume Existence of Certain Facts

  – Allows courts to draw presumptions affecting burden.

• CrPC Section 106 – Burden of Proof as to Particular Fact

  – Procedural provision complementing Evidence Act burden rules.

Case References under Evidence Act Section 106

1. State of Maharashtra v. Praful B. Desai (2003, 4 SCC 601)

   – Burden lies on the party with special knowledge to prove the fact, ensuring fairness in evidence evaluation.

2. Ram Chander v. Union of India (1956, AIR 428)

   – Section 106 applies when facts are exclusively within one party's knowledge, shifting proof burden accordingly.

3. Shobha Rani v. Madhukar Reddi (1988, AIR 1211)

   – Clarified that burden under Section 106 is distinct from general burden of proof and applies to particular facts.

Key Facts Summary for Evidence Act Section 106

• Section:

  106

• Title:

  Burden of Proof on Particular Facts

• Category:

  Burden of proof

• Applies To:

  Parties with special knowledge of facts (accused, plaintiffs, defendants)

• Proceeding Type:

  Civil and criminal trials

• Interaction With:

  Sections 101–105, 114, CrPC Section 106

• Key Use:

  Assigns burden to party best able to prove a fact especially within their knowledge

Conclusion on Evidence Act Section 106

Evidence Act Section 106 plays a critical role in the Indian legal system by ensuring that the burden of proof for particular facts lies with the party best positioned to prove them. This prevents unfairness and inefficiency in trials by avoiding unnecessary proof burdens on opposing parties.

Its application spans civil and criminal cases and adapts well to modern challenges such as digital evidence. Understanding Section 106 helps legal practitioners and courts maintain fairness and clarity in evidentiary proceedings, strengthening the overall justice delivery system.

FAQs on Evidence Act Section 106

What does Section 106 of the Evidence Act mean?

Section 106 means that if a fact is especially within the knowledge of a person, that person must prove it. It places the burden of proof on the party best able to provide evidence about that fact.

Who does Section 106 affect in a trial?

It affects any party who relies on a fact especially within their knowledge, including plaintiffs, defendants, accused, and witnesses who must prove such facts during the trial.

Does Section 106 apply in both civil and criminal cases?

Yes, Section 106 applies in both civil and criminal proceedings to allocate the burden of proof for particular facts appropriately.

How does Section 106 interact with other burden of proof sections?

Section 106 complements Sections 101 to 105 by specifying burden allocation for facts especially within one party's knowledge, while the other sections cover general burden rules and presumptions.

Can rulings under Section 106 be appealed?

Yes, decisions on burden of proof under Section 106 can be challenged through appeals or revisions, with higher courts reviewing for errors affecting justice.