IEA Section 106 — Burden of proving fact especially within knowledge

Summary

If a specific fact is something that only a particular person knows or could know, then that person is responsible for proving that fact in court. This means the usual rule that the person who makes a claim must prove it can shift when the information is not available to others.

Official Text

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Related Judgments

• JOGINDER @ MINTU vs THE STATE GOVT OF NCT OF DELHI ....Resp — Delhi High Court (2018)
• THE STATE OF MADHYA PRADESH vs BALVEER SINGH — Supreme Court of India (2025)
• DINESH KUMAR vs THE STATE OF HARYANA — Supreme Court of India (2023)
• SARBANANDA SONOWAL vs UNION OF INDIA AND ANR — Supreme Court of India (2005)
• MURLIDHAR AND ORS. vs STATE OF RAJASTHAN — Supreme Court of India (2005)
• IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. vs PEARL BEVERAGES LTD — Supreme Court of India (2021)

Old <-> New Code Mapping

• BSA §109 — Burden of proving fact especially within knowledge