Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Fact Especially Within Knowledge (Section 106 IEA / Section 109 BSA)
Evidentiary Rules & Proof Standards
Definition
An evidentiary principle stating that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon them (applied as an exception to general burden rules).
Example
In State of West Bengal v. Mir Mohammad Omar, the Supreme Court applied Section 106 to hold that where the accused abducted the victim and the victim was later found murdered, the burden lay on the abductors to explain what happened to the victim after the abduction, as it was especially within their knowledge.