A person in section 106 of the Evidence Act refers to
a party to the suit
Correct Answera stranger to the state
Incorrect Answera person who is not a party to the suit but interested in the outcome of the suit
Incorrect Answera witness
Incorrect AnswerExplanation:
- 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.
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Option 1: A party to the suit
- Not always, as the section covers anyone with special knowledge, not just parties to the suit.
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Option 2: A stranger to the state
- Incorrect and irrelevant, as the section doesn't discuss state or strangers.
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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.
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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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