Section 106 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 106: Burden of Proof as to Particular Fact
Text of Section 106:
"The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person."(aaptaxlaw.com)
Illustration:
A prosecutes B for theft and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.(aaptaxlaw.com)
๐ Meaning and Application
Section 106 addresses the burden of proof concerning facts that are particularly within the knowledge of a specific individual. Generally, the burden of proof lies on the party who asserts a fact. However, when a fact is especially within the knowledge of one party, the burden may shift to that party to prove or disprove the fact.
This provision ensures that individuals cannot evade responsibility by withholding information that is uniquely within their knowledge.
โ๏ธ Legal Significance
Prevents Evasion of Responsibility: Ensures that parties cannot avoid proving facts that are solely within their knowledge.
Promotes Fairness: Balances the burden of proof, especially in situations where one party has exclusive knowledge of a fact.
Encourages Transparency: Encourages parties to present all relevant facts, fostering a fair trial process.(kanoongpt.in)
๐งพ Example
In a theft case, if the accused claims to have been at a different location at the time of the alleged crime, they must provide evidence to support this alibi. This could include witness testimony, travel records, or other corroborative evidence. The court will assess this evidence to determine the credibility of the alibi.(kanoongpt.in)
๐ Related Sections
Section 104: Burden of proof.(advocatetanmoy.com)
Section 105: On whom burden of proof lies.(advocatetanmoy.com)
Section 107: Burden of proving fact to be proved to make evidence admissible.(advocatetanmoy.com)
Section 108: Burden of proving that case of accused comes within exceptions.(advocatetanmoy.com)
Section 109: Burden of proving fact especially within knowledge.(aaptaxlaw.com)
In summary, Section 106 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that individuals cannot evade responsibility by withholding facts that are uniquely within their knowledge. It promotes fairness and transparency in legal proceedings by appropriately allocating the burden of proof.
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