Evidence Section 106
Burden of proving fact especially within knowledge
BSA Section 109— Burden of proving fact especially within knowledge.
Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the Evidence.
When any fact is especially within the knowledge of a person, the burden of proving that fact is upon that person. This section shifts the burden to the party who has peculiar or exclusive access to the relevant information. It prevents a party from benefiting from their own exclusive knowledge by remaining silent.
For the full text of the new section, see the linked BSA page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.