Section 106 of the Indian Evidence Act, 1872

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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.

ADVERTISEMENTS:

Illustrations:

(а) 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.

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

Comments:

Principle:

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Section 106 lays down the principle that where any fact is especially within the knowledge of any
person the burden of proving the fact lies on that person. The fact may be of affirmative or negative
character. This section applies only to parties to the suit. For example, when a person is charged
with travelling without ticket the burden lies on him that he purchased ticket.

Again, in case a servant charged with misappropriation of goods of his master, if the failure to
account was due to an accidental loss, the fact being within the servant knowledge, it is for him to
explain the loss. Similarly, where it is proved that the defendant received the money and had not
accounted for it, burden lies upon him to prove what had happened of the money.