Comprehension
Vivian Bose, J., had observed that Section 106 of the Evidence Act is designed to meet certain exceptional cases in which it would be impossible for the prosecution to establish certain facts which are particularly within the knowledge of the accused. In Shambu Nath Mehra vs. The State of Ajmer (1956 SCR 199) the learned Judge has stated the legal principle thus: “This lays down the general rule that in a criminal case the burden of proof is on the prosecution and section 106 is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult for the prosecution to establish facts which are ‘especially’ within the knowledge of the accused and which he could prove without difficulty or inconvenience. The word ‘especially’ underscores facts that are pre-eminently or exceptionally within the knowledge of the accused. It added, if the section were to be interpreted otherwise, it would lead to the very startling conclusion that in a murder case the burden lies on the accused to prove that he did not commit the murder because who could know better than him whether he did or did not.” It is evident that it cannot be the intention and Privy Council has twice refused to construe this section, as reproduced in certain other Acts outside India, to mean that the burden lies on the accused person to show that he did not commit the crime for which he is tried. These cases are Attygalle v. the King. 1936 PC 169 (AIR V 23) (A) and Seneviratne v. R, 1936-3 All ER 36 at p.49 (B). In case resting on circumstantial evidence, an accused person’s failure to provide a reasonable explanation as required by S. 106 could serve as an additional link in the chain of circumstances.
(Based on facts from State of West Bengal vs. Mir Mohammad Omar & Ors, AIR 2000SUPREME COURT 2988)
(Based on facts from State of West Bengal vs. Mir Mohammad Omar & Ors, AIR 2000SUPREME COURT 2988)
Question: 1
Under the Indian Evidence Act, 1872, in cases where the burden of proof lies on the prosecution, which of the following accurately reflects the relationship between Section 101 and 106 of IEA, 1872?
Under the Indian Evidence Act, 1872, in cases where the burden of proof lies on the prosecution, which of the following accurately reflects the relationship between Section 101 and 106 of IEA, 1872?
Updated On: Dec 3, 2024
- Section 106 is an exception to Section 101
- Section 106 is intended to relieve the prosecution of their duty to prove the case beyond reasonable doubt under Section 101
- Both A and B
- Neither A nor B
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The Correct Option is A
Solution and Explanation
Section 101 of the Indian Evidence Act, 1872, provides that the burden of proof lies on the prosecution. However, Section 106 provides an exception, shifting the burden of proof to the accused in certain cases where the facts are within his special knowledge.
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Question: 2
‘Any person’ in Section 106 of the Indian Evidence Act refers to:
‘Any person’ in Section 106 of the Indian Evidence Act refers to:
Updated On: Dec 3, 2024
- A party to the suit/proceeding
- A stranger to the suit/proceeding
- A witness
- None of the above
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The Correct Option is A
Solution and Explanation
The term ”any person” in Section 106 of the Indian Evidence Act refers to a party to the suit or proceeding, and not necessarily a stranger or witness. This person is expected to provide evidence related to facts within their knowledge.
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Question: 3
In which of the recent following cases, Supreme Court expounded the principles relating to the applicability of S. 106 of Indian Evidence Act?
In which of the recent following cases, Supreme Court expounded the principles relating to the applicability of S. 106 of Indian Evidence Act?
Updated On: Dec 3, 2024
- Anees v. The State Govt. of NCT, 2024 SC
- Anita v. NCT of Delhi, 2024 SC
- Abhay v. Union of India, 2024 SC
- Anish v. The State Govt. of NCT, 2024 SC
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The Correct Option is A
Solution and Explanation
Statement (A) is correct: In the case of Anees v. The State Govt. of NCT, 2024 SC, the Supreme Court expounded on the applicability of Section 106 of the Indian Evidence Act. The section deals with the burden of proof where a party has special knowledge regarding a fact.
Statement (B) is incorrect: This case does not expound the principles relating to Section 106 of the Indian Evidence Act.
Statement (C) is incorrect: Abhay v. Union of India does not deal with the applicability of Section 106.
Statement (D) is incorrect: Similarly, Anish v. The State Govt. of NCT does not focus on Section 106.
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Question: 4
What is the phrase “Presumptions are like bats, flitting in the twilight but disappearing in the sunshine of facts” indicate?
What is the phrase “Presumptions are like bats, flitting in the twilight but disappearing in the sunshine of facts” indicate?
Updated On: Dec 3, 2024
- Presumption shifts the burden of proof to the party against whom the presumption operates, but the burden shifts back to the original party once rebutting facts are presented
- Presumption is a substantive piece of evidence and it completely relieve the prosecution of its burden of proof, as longs as the presumption is established in the beginning of the trial
- There are different categories of presumptions and the highest degree of presumption shifts the burden of proof permanently to the accused, who must disprove the presumption beyond reasonable doubt
- Presumptions are irrefutable facts that, once established, cannot be negated by evidence brought forth in the case
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The Correct Option is A
Solution and Explanation
The phrase illustrates that presumptions are not irrefutable. They can be rebutted if evidence disproving them is presented, thus shifting the burden of proof back to the original party.
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Question: 5
Which of the theories emanate from Section 106 of Indian Evidence Act?
1. Doctrine of Res Ipsa Loquitor
2. Theory of reverse burden of proof
3. Doctrine of last seen together
4. Presumption of innocence
Select the correct option:
Which of the theories emanate from Section 106 of Indian Evidence Act?
1. Doctrine of Res Ipsa Loquitor
2. Theory of reverse burden of proof
3. Doctrine of last seen together
4. Presumption of innocence
Select the correct option:
1. Doctrine of Res Ipsa Loquitor
2. Theory of reverse burden of proof
3. Doctrine of last seen together
4. Presumption of innocence
Select the correct option:
Updated On: Dec 3, 2024
- 1 and 2
- 2 and 3
- 3 and 4
- 1 and 4
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The Correct Option is B
Solution and Explanation
Section 106 is linked to the theory of reverse burden of proof (where the accused must disprove certain facts) and the doctrine of last seen together (relevant in criminal cases involving circumstantial evidence).
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