Shortly before the death of the victim both the accused a man and a woman had entered the house of t...........

Indian Evidence Act (IEA) 1872 Burden of Proof

Shortly before the death of the victim, both the accused, a man and a woman had entered the house of the victim. They bolted the door from inside and did not open it despite tapping several times. The door had to be broken by the neighbours and the relatives. Both the accused were found hiding under the cot in the bedroom of the deceased. The deceased was lying dead with the injuries on his person. Which of the following statements will apply to the case?

The burden of proof will lie on the accused under section 102 of the Indian Evidence Act, 1872 because the accused will fail if no evidence is given by them

The burden of proof will lie on the accused under section 105 of the Indian Evidence Act, 1872 because special circumstances exist in this case

The burden of proof will fall of the accused under section 106 of the Indian Evidence Act, 1872 because the facts were in the special knowledge of the accused

The burden of proof will lie with the prosecution under section 101 of the Indian Evidence Act, 1872 because they have to prove the murder

Explanation:

The burden of proof will fall of the accused under section 106 of the Indian Evidence Act, 1872 because the facts were in the special knowledge of the accused