Multiple Choice Questions on A person in section 106 of the Evidence Act refers to ........ for Rajasthan Judicial Services (RJS) Preparation

Burden of Proof

Indian Evidence Act (IEA) 1872

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Study Notes

    A person in section 106 of the Evidence Act refers to

    a party to the suit

    Correct Answer

    a stranger to the state

    Incorrect Answer

    a person who is not a party to the suit but interested in the outcome of the suit

    Incorrect Answer

    a witness

    Incorrect Answer
    Explanation:

    - Section 106 of the Indian Evidence Act deals with “burden of proving fact especially within knowledge.”

    - It states that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon them.

    - This applies not just to a party to the suit but to anyone with special knowledge of a fact, even if they aren't a party.

    -

    Option 1: A party to the suit

    - Not always, as the section covers anyone with special knowledge, not just parties to the suit.

    -

    Option 2: A stranger to the state

    - Incorrect and irrelevant, as the section doesn't discuss state or strangers.

    -

    Option 3: A person who is not a party to the suit but interested in the outcome

    - Not necessary to be interested in outcome; applies to anyone with special knowledge.

    -

    Option 4: A witness

    - Correct, as a witness may have exclusive knowledge relevant to the case, and the burden may shift to them.

    Correct Answer: Option 4 – a witness


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