Section 109: Burden of proving fact especially within knowledge

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 10 of our papers cite Section 109. Try these from the free papers:

1. 1. In Shambu Nath Mehra v. State of Ajmer (1956), the Supreme Court explained Section 106 of the Indian Evidence Act, 1872 (now Section 109 of the BSA) as:

   A.shifting the whole burden to the accused as soon as the prosecution shows that he was present near the scene of the offenceB.covering facts pre-eminently or exceptionally within the accused's knowledge, not relieving the prosecution of its burdenC.applying only to civil suits, since the burden in a criminal trial can never be placed on the accused for any factD.requiring the accused to prove his innocence whenever the facts in issue lie within the knowledge of both parties
   Show answer