Section 106: Burden of proving fact especially within knowledge

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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

Illustration

(a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.

Where this provision sits

Act	The Indian Evidence Act, 1872
Section	106
Marginal note	Burden of proving fact especially within knowledge
Jurisdiction	Central
Status	Repealed
Judgments citing it	560

Judgments that turned on this provision

CRA/1282/2023 of JAGSINGH UIKEY Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2026-02-02
CRA/443/2021 of SANTKUMAR DHIDHI Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2026-02-01
CRA/1638/2018 of RAMLAL Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2026-01-14
CRA/1771/2018 of ASHOK KUMAR Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2026-01-14
CRA/1354/2019 of RUPNARAYAN @ BANNO KODAKU Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2026-01-06
CRA/825/2018 of PARMENDRA GENDLE Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2026-01-06
CRA/75/2018 of Baalakram Patel Vs State Of ChhattisgarhHigh Court of Chhattisgarh · 2026-01-01
CRAA/14/2006 of STATE OF J AND K THROUGH SENIOR SUPERINTENDENT OF POLICE, ANANTNAG (FOR FINAL HEARING) Vs ZULFIKAR AHMAD SHAHHigh Court of Jammu and Kashmir · 2025-12-24
MANOJ @ MUNNA vs THE STATE OF CHHATTISGARHSupreme Court of India · 2025-12-18
CRL.A(J)/100/2022 of SULEMAN BARBHAIYA Vs THE STATE OF ASSAMGauhati High Court · 2025-12-18
CR. MISC./33322/2025 of Md. Firoz Vs The State of BiharPatna High Court · 2025-12-08
Crl.A./288/2022 of BILLAL HUSSAIN Vs THE STATE OF ASSAM AND ANR.Gauhati High Court · 2025-12-04
WP(C)/943/2019 of RAHIM UDDIN AND 3 ORS. Vs THE UNION OF INDIA AND 5 ORSGauhati High Court · 2025-12-02
CRA/501/2017 of Vijay Lal Sahu Vs State Of ChhattisgarhHigh Court of Chhattisgarh · 2025-12-01
CRA/199/2025 of MUKESH KUMAR SAHU Vs THE STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2025-11-26
CRA/1604/2018 of KISHAN YADAV @ GOLU Vs STATE OF CHHATTISGARHHigh Court of Chhattisgarh · 2025-11-25
CRL.P/104657/2025 of ISHWARGOUDA S/O BAPUGOUDA SATMAR S/O BAPUGOUDA SATMAR Vs THE STATE OF KARNATAKAHigh Court of Karnataka · 2025-11-24
/1434/2016 of RAJU BATHAM Vs STATE OF U.P.Allahabad High Court · 2025-11-24

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