Section 106 Indian Evidence Act 1872
Section 106 of the Indian Evidence Act 1872 is about ‘Burden of proving fact especially within knowledge’. It is under Chapter VII of the Act. Chapter VII is titled ‘OF THE BURDEN OF PROOF‘.
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.
See also:
Section 105 Indian Evidence Act 1872 (Burden of proving that case of accused comes within exceptions)