The INDIAN EVIDENCE ACT, 1872 Last updated:-13-3-2020

PRODUCTION AND EFFECT OF EVIDENCE

Section 106: Burden of proving fact especially within knowledge.

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

(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.