Section 106 Bharatiya Sakshya Adhiniyam, 2023: Burden of proof as to particular fact

Section 106 of Bharatiya Sakshya Adhiniyam, 2023: Burden of proof as to particular fact

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Illustrations

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 106

Section 106 establishes that 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.

Burden of Specific Averment: Whoever asserts a specific collateral fact (e.g. fraud, misrepresentation, insanity, coercion, payment) must prove it.
Pleadings Calibration: Directly mirrors the averments set out in the plaint, written statement, or criminal defense notice.
Negative Averments Exception: Where a statute specifically casts the negative burden on another (such as Section 118 BSA for dowry death), the general rule is modified.

Key Landmark Precedents:

Addagada Raghavamma v. Addagada Chenchamma (AIR 1964 SC 136): Affirmed that the burden of proving a specific plea of prior partition or adoption rests squarely upon the party asserting it under Section 103 IEA (Section 106 BSA).
A. Raghavamma v. A. Chenchamma (AIR 1964 SC 136): Held that if a party wishes the court to believe in an adoption that alters natural succession, they must prove the physical act of giving and taking.

Courtroom Practice & Strategic Litigation Guidance:

If a defendant pleads that an admitted contract was signed under 'undue influence' or 'duress', file an application praying that the issue on duress be cast squarely on the defendant under Section 106 BSA, compelling them to lead evidence first on that issue.