Section 106 of BSA : Section 106: Burden of proof as to particular fact.

Explanation using Example

Example 1:

Ravi accuses Suresh of damaging his car. Ravi claims that Suresh admitted to the act in front of their mutual friend, Anil. According to Section 106 of The Bharatiya Sakshya Adhiniyam 2023, Ravi must prove that Suresh made this admission to Anil. Ravi cannot simply state that Suresh admitted it; he must provide evidence, such as Anil's testimony, to support his claim.

Example 2:

Priya is accused of stealing jewelry from her neighbor, Meena. Priya claims that she was at a family function in another city at the time the theft occurred. According to Section 106 of The Bharatiya Sakshya Adhiniyam 2023, Priya must provide evidence to prove that she was indeed at the family function. This could include witness statements from family members, photographs, or travel tickets that show her presence in the other city.

Example 3:

Arjun files a lawsuit against his employer, claiming that he was wrongfully terminated because of his religion. Arjun asserts that his manager, Ramesh, explicitly stated that his religion was the reason for his termination. Under Section 106, Arjun must provide evidence that Ramesh made this statement. This could be in the form of a witness who heard the statement or a written document where Ramesh mentioned the reason for termination.

Example 4:

Sunita is accused of cheating in an exam. She claims that she was not in the examination hall at the time the cheating incident was reported. According to Section 106, Sunita must provide proof of her whereabouts during the exam. This could include testimony from people who saw her elsewhere, CCTV footage, or any other relevant evidence that supports her claim.

Example 5:

Manoj is accused of assaulting his neighbor, Rajesh. Manoj claims that he was at a local market during the time of the alleged assault. According to Section 106, Manoj must provide evidence to support his alibi. This could include receipts from the market, testimony from shopkeepers, or any other evidence that can prove he was at the market and not at the scene of the assault.