Discharge Burden u/s 106 IEA

 

Statue

1. Section 101 of IEA
1. Whoever desires any court to give a judgment as to a liability dependent on the existence of facts, he MUST prove those facts exist.
2. 106 Indian Evidence Act
1. 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.
3. 
   

Important Points

1. Failure to discharge burden under section 106 of IEA 1872, is NOT RELEVANT in a case governed by circumstantial evidence, IF prosecution is unable to establish a chain of circumstances.
2. Circumstantial Evidence - the prosecution has to establish chain of circumstances
1. When chain is not complete, the falsity of the defense is NO GOUND to convict the accused.
3. Application of 106 IEA
1. Applies to those cases where the prosecution has succeeded in establishing the facts 
2. FROM which a reasonable inference can be drawn regarding the existence of certain other facts which are within the special knowledge of the accused.
3. When accused FAILS to offer proper explanation about the existence of said other facts, 
4. Court can always draw an appropriate inference.
4. Section 106 constitutes an EXCEPTION to section 101.
5. Section 106 is NOT INTENDED to relieve prosecution relieve it of that duty of burden of Proof.
1. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible or at any rate dispoportionately difficult for the prosecution to establish facts which are especially within knowledge of the accused and which he could prove without difficulty or inconvenience. 

Case Laws

1. Sharad Birdhichand Sarda Vs State of Maharastra (1984) 4 SCC 116
1. Para 153 - Panchsheel - 5 Golden Principles
1. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established
1. The circumstances from which the conclusion of the guilt is to be drawn should be FULLY established.
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say they SHOULD NOT be explainable on any other hypothesis except that the accused is guilty.
3. The circumstances SHOULD be of a conclusive nature and tendency
4. They should EXCLUDE every possible hypothesis except the one to be proved
5. there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by accused.
2. Shambu Nath Mehra Vs The State of Ajmer 
1. Section 106 is an exception to Section 101. Section 101 lays down the general rule about the burden of proof. 
1. Illustrations (a)
1. A desires a court to give Judgment that B shall be punished for a crime which A says B has committed
2. A must prove that B has committed the crime