Indian Evidence Act, 1872 · Chapter VII: Of the Burden of Proof

Section 106: Burden of proving fact especially within knowledge

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 106

• Nilesh Baburao Gitte v. State of Maharashtra
  2025 INSC 11917 October 2025Appeal(s) allowed

  Appellant was convicted for matricide-killing of one’s own mother. By the present appeal, the appellant calls in question the correctness of the judgment of the High Court.

• Nagamma @ Nagarathna & Ors. v. The State of Karnataka
  2025 INSC 113522 September 2025Appeal(s) allowed

  In the instant case, whether the motive projected and the crime has been proved and whether the circumstances lead to the culpability of the accused.

• Dastagirsab v. Sharanappa @ Shivasharanappa Police Patil (D)
  2025 INSC 112016 September 2025Appeal(s) allowed

  Whether the suit land was sold to 5th defendant by 1st defendant-Karta for legal necessity i.e. the marriage of his daughter ‘K’.

• Putai v. State of Uttar Pradesh
  2025 INSC 104226 August 2025Appeal(s) allowed

  The accused-appellants were convicted for the offences punishable u/ss.376(2)(g), 201 and 302 of Penal Code, 1860. The High Court dismissed the appeals against conviction preferred by the accused-appellants.

• Baljinder Kumar @ Kala v. State of Punjab
  2025 INSC 85616 July 2025Appeal(s) allowed

  Whether the courts below erred in convicting the appellant for offences u/ss.302, 308 and 325, Penal Code, 1860 and imposing death sentence on him, when the prosecution had failed to prove his guilt beyond reasonable…

• M/s Torino Laboratories Pvt. Ltd. v. Union of India & Ors.
  2025 INSC 84915 July 2025Dismissed

  Whether the EPF Authorities were justified in treating the appellant and the Respondent No.3 as one unit for the purpose of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

• Kattavellai @ Devakar v. State of Tamilnadu
  2025 INSC 84515 July 2025Appeal(s) allowed

  Issue arose as to the correctness of the order passed by the High Court upholding the order of the conviction and death sentence of the appellant for offence punishable u/ss.302, 376 and 397 IPC.

• Rahil & Anr. v. State (Govt. of N.C.T. of Delhi)
  2025 INSC 85825 June 2025Appeal(s) allowed

  Whether the High Court erred in reversing the acquittal passed by the trial court and convicting the appellants for offence u/s.302, Penal Code, 1860 and sentencing them to life imprisonment.

• Chetan v. The State of Karnataka
  2025 INSC 79330 May 2025Dismissed

  Matter pertains to the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 304 IPC, and u/ss.3, 5 of the Arms Act, 1959.

• P. Nallammal v. State By The Inspector of Police, Vigilance and
  2025 INSC 6437 May 2025Dismissed

  Matter pertains to appeal challenging the conviction and sentence of the appellant u/s.109 IPC r/w ss.13(1)(e) and 13(2) of PC Act; appeal challenging the attachment Order as modified by the High Court; and the appeal…

• A. Raja v. D. Kumar
  2025 INSC 6296 May 2025Appeal(s) allowed

  Whether the Appellant belongs to the Hindu Parayan caste in the State of Kerala and is covered by the 1950 Order insofar as it relates to the State of Kerala; whether the Appellant had still retained the Hindu Parayan…

• The State of Chattisgarh v. Ashok Bhoi Etc.
  2025 INSC 25627 February 2025Dismissed

  Whether the High Court was justified in allowing the criminal appeal preferred by accused-respondent and dismissing acquittal appeal preferred by the State, thereby acquitting both the accused persons.

• Manoj Rameshlal Chhabriya v. Mahesh Prakash Ahuja & Anr.
  2025 INSC 28227 February 2025Disposed of

  What are the parameters that a High Court should keep in mind while granting or refusing a leave to appeal filed under Section 378(3) of the Cr.P.C.

• Hiralal Babulal Soni v. The State of Maharashtra & Ors.
  2025 INSC 26624 February 2025Disposed of

  Issue arose as regards the sustainability of the conviction of the accused u/s.120B and 411 IPC, when the seized gold bars are not the same gold bars linked to the fraudulent transactions.

• The State of Madhya Pradesh v. Balveer Singh
  2025 INSC 26123 February 2025Appeal(s) allowed

  Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness;…

• Maharashtra State Road Transport Corporation v. Mahadeo Krishna Naik
  2025 INSC 21813 February 2025Disposed of

  Whether the appellant-Corporation is guilty of suggestio falsi by not disclosing what it had pleaded before the MACT and suppresio veri by suppressing the award; whether the High Court was justified in exercising review…

• Vasant @ Girish Akbarasab Sanavale & Anr. v. The State of Karnataka
  2025 INSC 22110 February 2025Partly allowed

  Issue arose as regards the correctness of the order passed by the High Court reversing the acquittal of the appellants-husband and mother-in-law of the deceased-wife and held them both guilty of offences under the Penal…

• Ravi v. The State of Punjab
  2025 INSC 1709 February 2025Appeal(s) allowed

  Issue arose as regards the correctness of the order passed by the High Court convicting the appellant-husband for the murder of his wife.

• Mahabir & Ors. v. State of Haryana
  2025 INSC 12029 January 2025Appeal(s) allowed

  Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a…

• Chandrabhan Sudam Sanap v. The State of Maharashtra
  2025 INSC 11628 January 2025Appeal(s) allowed

  Matter pertains to the correctness of the order passed by the High Court upholding the conviction of the appellant for rape and murder of the deceased and imposition of death sentence.

• Sadashiv Dhondiram Patil v. The State of Maharashtra
  2025 INSC 938 January 2025Appeal(s) allowed

  Issue arose whether Village Police Patil is a Police Officer in terms of s. 25 of the Evidence Act; and whether the High Court erred in holding the appellant guilty of the offence of murder.

• Uma & Anr. v. The State Rep. by the Deputy Superintendent of Police
  2024 INSC 80922 October 2024Dismissed

  Whether the High Court was able to demonstrate perversity and non-appreciation of the materials on record by the Trial Court while reversing its finding of acquittal.

• Just Rights for Children Alliance & Anr. v. S. Harish & Ors.
  2024 INSC 71623 September 2024Disposed of

  What is the scope of Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO); what is the underlying distinction between sub-section(s) (1), (2) and (3) respectively of the POCSO; whether, mere…

• Prem Prakash v. Union of India Through
  2024 INSC 63728 August 2024Appeal(s) allowed

  When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recorded (in the present case, the statements dated 03.08.2023, 04.08.2023, 11.08.2023)…

• Md. Rahim Ali @ Abdur Rahim v. The State of Assam & Ors.
  2024 INSC 51111 July 2024Appeal(s) allowed

  The Foreigners Tribunal, Nalbari declared the appellant to be a foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946.

• Sukhpal Singh v. NCT of Delhi
  2024 INSC 3857 May 2024Dismissed

  Appellant was convicted u/s.302, Penal Code, 1860 for the murder of his wife. Courts below whether justified in holding that the statement of Complainant-PW-1 recorded in proceedings u/s.299, Code of Criminal Procedure,…

• Anees v. The State Govt. of NCT
  2024 INSC 3683 May 2024Dismissed

  Murder of appellant-accused’s wife in their house in which the appellant, deceased and their 5 year old daughter lived. s.106, Evidence Act, 1872 was invoked and the appellant was convicted u/s.302, IPC for the murder.…

• Mahakali Sujatha v. The Branch Manager, Future Generali
  2024 INSC 29610 April 2024Appeal(s) allowed

  The present civil appeal has been filed by the complainant, who is the daughter of the insured-deceased, who is also the nominee under the subject life insurance policies of her late father. The controversy in the…

• Puneet Sabharwal v. CBI
  2024 INSC 22119 March 2024Dismissed

  The charges were framed against the appellants. While the charge against the appellant-P was u/s. 109 IPC r/w. s.13(1) (e) and 13(2) of the Prevention of Corruption Act, 1988, the charge against appellant-R was u/s.…

• Navas @ Mulanavas v. State of Kerala
  2024 INSC 21518 March 2024Partly allowed

  Appellant-accused was held guilty for the offences punishable u/ ss.302, 449, 309, IPC and sentenced accordingly. For the offence punishable u/s.302, IPC, he was sentenced to death. High Court confirmed the conviction,…

• Ravinder Kumar v. State of NCT of Delhi
  2024 INSC 2116 March 2024Partly allowed

  1) Whether circumstantial evidence is sufficient to convict the accused; 2) Whether burden of proof u/s. 106 Evidence Act can be on accused before the prosecution proves its case; 3) Whether recovery pursuant to…

• M. Vijayakumar v. State of Tamil Nadu
  2024 INSC 17721 February 2024Appeal(s) allowed

  Prosecution, if succeeded in establishing that there was mens rea on the part of the appellant to commit the offence rather to push the victim to commit suicide and to attract the offence u/s. 306, IPC.

• Perumal Raja @ Perumal v. State, Rep. by Inspector of Police
  2024 INSC 133 January 2024Dismissed

  Accused not formally arrested at the time of giving information if can be deemed to be in the ‘custody’ of the police, admissibility of evidence in terms of s.27, Evidence Act, 1872. Conviction and sentence of the…

• Aditi Alias Mithi v. Jitesh Sharma
  2023 INSC 9816 November 2023Disposed of
• Balvir Singh v. State of Uttarakhand
  2023 INSC 8796 October 2023Dismissed

  The High Court affirmed the judgment and order of conviction passed by the Trial Court holding appellant-hus band guilty of the offence of murder punishable u/s.302 of the IPC alongwith the offence punishable u/s. 498A…

• Buddhadeb Saha & Ors. v. The State of West
  2023 INSC 108413 September 2023Dismissed
• R. Sreenivasa v. State of Karnataka
  2023 INSC 8036 September 2023Appeal(s) allowed
• State of Punjab v. Kewal Krishan
  2023 INSC 58321 June 2023Dismissed
• M. K. Rajagopalan v. Dr. Periasamy Palani
  2023 INSC 4863 May 2023Disposed of
• Digambar v. The State of Maharashtra
  2023 INSC 44528 April 2023Partly allowed
• Santosh @ Bhure v. State (G.N.C.T.) of Delhi
  2023 INSC 44328 April 2023Disposed of
• Dakkata Balaram Reddy & Anr. v. State of Andhra
  2023 INSC 41121 April 2023
• Siju Kurian v. State of Karnataka
  2023 INSC 37817 April 2023Dismissed
• Sundar @ Sundarrajan v. State by Inspector of
  2023 INSC 26421 March 2023Disposed of
• Ravasaheb @ Ravasahebgouda Etc. v. State of
  2023 INSC 23816 March 2023Dismissed
• Vahitha v. State of Tamil Nadu
  2023 INSC 15122 February 2023Dismissed
• Ram Gopal S/O Mansharam v. State of Madhya
  2023 INSC 13317 February 2023Dismissed
• Prem Singh v. State of NCT of Delhi
  2023 INSC 32 January 2023Dismissed
• Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan
  2022 INSC 11787 November 2022Dismissed
• Md. Anowar Hussain v. State of Assam
  2022 INSC 107913 October 2022Dismissed
• Munikrishna @ Krishna Etc. v. State by Ulsoor Ps
  2022 INSC 132230 September 2022Appeal(s) allowed
• Chotkau v. State of Uttar Pradesh
  2022 INSC 103228 September 2022Appeal(s) allowed
• State Through Deputy Superintendent of Police v. R. Soundirarasu Etc.
  2022 INSC 9155 September 2022Appeal(s) allowed
• Dauvaram Nirmalkar v. State of Chhattisgarh
  2022 INSC 7862 August 2022Partly allowed
• Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
  2022 INSC 75727 July 2022Reference answered
• Sabitri Samantaray v. State of Odisha
  2022 INSC 60820 May 2022Dismissed
• Veerendra v. State of Madhya Pradesh
  2022 INSC 56513 May 2022Partly allowed
• Venkatesh @ Chandra & Anr. Etc v. State of Karnataka
  2022 INSC 130219 April 2022Appeal(s) allowed
• Mohd. Firoz v. State of Madhya Pradesh
  2022 INSC 42919 April 2022Appeal(s) allowed
• Satye Singh & Another v. State of Uttarakhand
  2022 INSC 18515 February 2022Appeal(s) allowed
• Pappu v. The State of Uttar Pradesh
  2022 INSC 1649 February 2022Partly allowed
• Jaikam Khan v. The State of Uttar Pradesh
  2021 INSC 89615 December 2021Disposed of
• Pradeep S/O Rajkumar Jain v. Manganese Ore (India) Limited & Ors.
  2021 INSC 86410 December 2021Partly allowed
• Hamid Ali Khan (D) Through Lrs. & Anr. v. State of U.P. & Ors.
  2021 INSC 77423 November 2021Appeal(s) allowed
• Parubai v. The State of Maharashtra
  2021 INSC 39310 August 2021Appeal(s) allowed
• Surajdeo Mahto and Anr. v. The State of Bihar
  2021 INSC 3794 August 2021Partly allowed
• Iffco Tokio General Insurance Company Ltd. v. Pearl Beverages Ltd.
  2021 INSC 24712 April 2021Appeal(s) allowed
• Tata Consultancy Services Limited v. Cyrus Investments Pvt. Ltd. and Ors.
  2021 INSC 21726 March 2021Disposed of
• Shivaji Chintappa Patil v. State of Maharashtra
  2021 INSC 1362 March 2021Appeal(s) allowed
• Jayantilal Verma v. State of M.P. (Now Chhattisgarh)
  2020 INSC 64919 November 2020Dismissed
• Rajnesh v. Neha & Anr.
  2020 INSC 6314 November 2020Disposed of
• Somasundaram @ Somu v. The State Rep. by the Deputy Commissioner of Police
  2020 INSC 4123 June 2020Disposed of
• Paul v. State of Kerala
  2020 INSC 6921 January 2020Dismissed
• Saeeda Khatoon Arshi v. State of UP & Anr
  2019 INSC 135510 December 2019Appeal(s) allowed
• Kalu Alias Laxminarayan v. State of Madhya Pradesh
  2019 INSC 12187 November 2019Dismissed
• H Manoharan v. State by Inspector of Police, Variety Hall Police Station, Coimbatore (Review Petition (Crl.) Nos.446-447 of 2019) in
  2019 INSC 12167 November 2019Disposed of
• Ishwari Lal Yadav & Anr. v. State of Chhattisgarh
  2019 INSC 11153 October 2019Partly allowed
• Ravi S/O Ashok Ghumare v. The State of Maharashtra
  2019 INSC 11143 October 2019Disposed of
• Smt. Gargi v. State of Haryana
  2019 INSC 105619 September 2019Appeal(s) allowed
• Sunita v. State of Haryana
  2019 INSC 82830 July 2019Appeal(s) allowed
• G H Ranjit Kumar Haldar v. State of Sikkim
  2019 INSC 81125 July 2019Dismissed
• Federation of Obstetrics and Gynecological Societies of India (Fogsi) v. Union of India and Others
  2019 INSC 6203 May 2019Dismissed
• Sirajul Hoque v. The State of Assam & Ors.
  2019 INSC 19914 February 2019Appeal(s) allowed
• Sunita & Ors. v. Rajasthan State Road Transport Corporation & Anr.
  2019 INSC 20014 February 2019Appeal(s) allowed
• Reena Hazarika v. State of Assam
  2018 INSC 102931 October 2018Leave Granted & Allowed
• Asar Mohammad and Ors. v. The State of U.P.
  2018 INSC 98524 October 2018Disposed of
• Chandra Bhawan Singh v. The State of Uttar Pradesh
  2018 INSC 4351 May 2018Dismissed
• Mangla Ram v. The Oriental Insurance Co. Ltd. & Ors.
  2018 INSC 3116 April 2018Appeal(s) allowed
• State of Himachal Pradesh v. Raj Kumar
  2018 INSC 98 January 2018Appeal(s) allowed
• Nikesh Tarachand Shah v. Union of India & Anr.
  2017 INSC 113723 November 2017Disposed of
• State of Karnataka v. Selvi J. Jayalalitha & Ors.
  2017 INSC 14314 February 2017Appeal(s) allowed
• Nathiya v. State Rep. by Inspector of Police, Bagayam Police Station, Vellore
  2016 INSC 10088 November 2016Appeal(s) allowed
• Jose @ Pappachan v. The Sub-Lnspector of Police, Koyilandy & Another
  2016 INSC 9413 October 2016Appeal(s) allowed
• Dhal Singh Dewangan v. State of Chhattisgarh
  2016 INSC 90523 September 2016Appeal(s) allowed
• Jamnadas v. State of M.P.
  2016 INSC 46429 June 2016Dismissed
• State of Hlmachal Pradesh v. Rajiv Jassi
  2016 INSC 3846 May 2016Appeal(s) allowed
• Harijan Bhala Teja v. State of Gujarat
  2016 INSC 34627 April 2016Dismissed
• Gajanan Dashrath Kharate v. State of Maharashtra
  2016 INSC 21926 February 2016Dismissed
• Mangu Singh v. Dharmendra & Anr.
  2015 INSC 93516 December 2015Dismissed
• Nizam & Anr. v. State of Rajasthan
  2015 INSC 6404 September 2015Appeal(s) allowed