The Scope of Section 106 of the Indian Evidence Act: Recent Developments

Abstract

The section 106 of the Indian Evidence Act, 1872 (hereinafter referred to as Evidence Act) deals with sifting the onus of proving a particular fact on the accused or when that particular fact is especially within his knowledge. This section is only applicable once the prosecution has proved the prima facie case against the accused. Hence, it is clear that the section is just an exception section 101 of the Evidence Act and its applicability does not extend into taking off the legal burden from the shoulder of the prosecution. Hence the burden which is being talked about in this section is the evidential burden the onus of proving which can be shifted to the accused. The researcher shall thus, be proving these various issues and the consequential sub-issues which may arise during the course of her arguments.