BSA Section 106: Burden of Proving Fact Within Knowledge (2026)
What Section 106 of the Bharatiya Sakshya Adhiniyam (BSA) does: the burden of proving any particular fact lies on the person who wants the court to believe that fact exists, unless a law puts it on someone else. It carries forward Section 103 of the old Indian Evidence Act. Last verified October 2026.
Explainer · Evidence Law · BSA
Section 106 of the Bharatiya Sakshya Adhiniyam (BSA), the new evidence law in force since 1 July 2024, sets a simple rule about who must prove a particular fact. The burden of proving any particular fact lies on the person who wants the court to believe that fact exists, unless a law says the proof must lie on someone else. It carries forward Section 103 of the old Indian Evidence Act. If you are looking up "Section 106" expecting the rule about facts within a person's special knowledge, note that rule is now Section 109 of the BSA, not Section 106. This explainer sets out what Section 106 actually covers. Last verified October 2026.
- What it is: Section 106 of the BSA puts the burden of proving a particular fact on the person who wants the court to believe that fact exists.
- Old section: it carries forward Section 103 of the Indian Evidence Act, 1872.
- Not special knowledge: the rule about a fact especially within one person's knowledge, which was old Section 106, is now Section 109 of the BSA.
- Classic example: an accused who pleads alibi must prove he was elsewhere, even though the prosecution still proves guilt overall.
01A common point of confusion
The burden of proof sections in the BSA were renumbered from the old Evidence Act, and the numbers do not line up. This causes a common mix-up with "Section 106".
- Old Evidence Act Section 106 was the rule about a fact especially within one person's knowledge. Under the BSA, that rule is now Section 109.
- BSA Section 106 is a different rule. It is the burden of proving a particular fact, which was Section 103 of the old Act.
So if your old notes point to "Section 106" for the special-knowledge rule, look at Section 109 of the BSA instead. This page is about the particular-fact rule, which is BSA Section 106.
02What Section 106 says
Section 106 of the BSA provides that the burden of proof as to any particular fact lies on the person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on a particular person.
The idea in one line
Whoever wants the court to accept a fact has to prove that fact. The party asserting a point carries the burden on that point, not the party denying it.
This is a narrow, working rule. The general question of who must prove the whole case is dealt with elsewhere. Section 106 zooms in on a single fact within the case and fixes who has to establish it.
03The illustrations
The section carries two clear illustrations that show how it works in practice.
- The admission of theft: where the prosecution wants the court to believe that the accused made a confession of theft, the prosecution must prove that admission. It is the party asserting the fact who proves it.
- The alibi: where the accused wants the court to believe that at the time of the offence he was somewhere else, he must prove that he was elsewhere. The accused who asserts the alibi carries the burden on that fact.
The alibi illustration is the one most often cited. It explains why, when an accused sets up a plea of alibi, the duty to establish it rests on the accused, even though the overall burden of proving guilt stays with the prosecution.
04How it fits with the other burden sections
Section 106 is one of a short group of sections on the burden of proof. Read together they answer "who proves what".
| Rule | What it fixes | Section |
|---|---|---|
| Burden of proof | Who must prove a fact to get a judgment | Section 104 |
| On whom burden lies | The person who would fail if no evidence were given | Section 105 |
| Particular fact | The person who asserts a particular fact proves it | Section 106 |
| Especially within knowledge | A fact only one person can know, that person proves it | Section 109 |
So Section 106 sits between the general rule on burden of proof and the special-knowledge rule. It makes sure that the party who brings a specific point into the case is the one who has to back it up with evidence.
05Old to new: Evidence Act 103 to BSA 106
Section 103 of the Indian Evidence Act is now Section 106 of the BSA. The wording and the illustrations are carried over, so the doctrine is unchanged.
Because the text is carried over, judgments decided under Section 103 of the Evidence Act, including the many rulings on the plea of alibi, continue to guide how Section 106 of the BSA is read.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Whether a particular fact, such as an alibi or an admission, is treated as proved often turns on how courts have applied the burden on that fact in similar matters. Claw lets you search more than 30 crore judgments to see how the Supreme Court and the High Courts have read the particular-fact rule, with Supreme Court rulings from 1950 and High Court rulings from 1990, and results in under 5 seconds. You can also follow a live matter, with its orders and hearings, by party or advocate name across 9,102 courts, benches and forums.
Claw does not use the documents you upload to train its AI models. Create a free Claw account to look up how Section 106 of the BSA, and Section 103 of the old Act, have been applied to a particular fact, and to track a pending matter. To search the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BSA, 2023): indiacode.nic.in
- PRS Legislative Research (BSA overview and comparison): prsindia.org
- Bharatiya Sakshya Adhiniyam, 2023 (bare text): advocatekhoj.com
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 106 of the BSA?
Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 provides that the burden of proving any particular fact lies on the person who wants the court to believe that fact exists, unless a law puts the proof on someone else. It restates Section 103 of the old Indian Evidence Act.
Is Section 106 the rule about facts within a person's knowledge?
No. Under the BSA, the rule about a fact especially within one person's knowledge is Section 109. The old Evidence Act Section 106 on special knowledge moved to Section 109, so the numbers do not line up. BSA Section 106 is the particular-fact rule.
Which old Evidence Act section does BSA 106 replace?
It carries forward Section 103 of the Indian Evidence Act, 1872, the burden of proof as to a particular fact. The wording and illustrations, including the alibi example, are carried over.
Who must prove an alibi?
The accused. Under Section 106, the person who wants the court to believe a particular fact, such as being elsewhere at the time of the offence, must prove it. The overall burden of proving guilt still rests on the prosecution.
Is Section 106 an offence with a punishment?
No. It is a rule of evidence about who carries the burden on a particular fact. It has no punishment or cognizable, bailable or triable status of its own. Those belong to the offence being tried.
Can I find judgments on burden of proof in Claw?
Yes. Claw lets you search more than 30 crore judgments on the particular-fact rule under Section 106 or the old Section 103, by party or advocate, with results in under 5 seconds, and track orders and hearings across 9,102 courts, benches and forums. It researches and tracks the matter but does not give legal advice.