Section 106 IEA: Burden of proving fact especially within knowledge
Indian Evidence Act, 1872
Section 106 IEA at a Glance
Section 106 IEA deals with burden of proving fact especially within knowledge. From 1 July 2024 it is replaced by Section 109 BSA.
Section 106 IEA Bare Act Text
106. Burden of proving fact especially within knowledge
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Illustrations(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.
Source: Section 106, Indian Evidence Act, 1872
Section 106 IEA in Simple Words
Section 106 of the Indian Evidence Act, 1872 sets a rule for facts that lie especially within the personal knowledge of someone. When a particular fact is especially known to a person, that person has the burden of proving it in court.
The rule applies to any person in a case, not only to an accused person. The first illustration in the Act explains how this applies to intention. When someone performs an act, its nature and surrounding circumstances point to a certain intention. If the person who did the act claims to have acted with a different intention, that person must prove that other intention.
The second illustration in the Act gives a clear example about train travel. When a passenger faces a charge of making a railway journey without a ticket, holding a ticket is a fact especially known to that passenger. Because of that, the passenger has to prove having a ticket.
When Section 106 IEA Applies
- A particular fact is especially within the knowledge of a person.
- That person has the duty to prove that specific fact in court.
- Someone who performs an act and claims an intention different from what the nature of the act and its surrounding circumstances point to must prove that other intention.
Example of Section 106 IEA
Section 106 IEA in the BSA
Section 106 IEA is now covered under Section 109 BSA.
Section 106 of the Indian Evidence Act, 1872 became Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
View detailed comparison (IEA 106 vs BSA 109) →FAQs on Section 106 IEA
What is Section 106 IEA?▼
Section 106 of the Indian Evidence Act, 1872 states that when any fact is especially within the knowledge of a person, that person has the burden of proving that fact.
Who has to prove a hidden intention when an act suggests a different intention?▼
The person who did the act. Under Section 106 IEA, if the nature and surrounding circumstances of an act point to one intention, a person claiming a different intention must prove it.
Who must prove that a railway passenger had a ticket when the passenger is charged with travelling without one?▼
The passenger. As shown in the illustration to Section 106 IEA, having a ticket is a fact especially within the knowledge of the person charged, so that person must prove it.
What is Section 106 IEA in BSA?▼
Section 109 BSA. It replaced Section 106 IEA from 1 July 2024 with the exact same wording and illustrations.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·