Two friends A and B were sleeping in a room which was bolted from Inside. In the morning, A is found murdered. Under which provision of the Evidence Act, prosecution can claim shifting of burden on B to prove the manner In which the murder took place:
Verified Answer
A. Section 114 of the Evidence Act
B. Section 103 of the Evidence Act
C. Section 106 of the Evidence Act
D. Section 101 of the Evidence Act
Explanation:
Section 106 of the Indian Evidence Act, 1872, states that 'When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.' In this scenario, B was the only other person in the room with A, which was bolted from inside, making the circumstances of A's murder a fact especially within B's knowledge. Thus, the burden of proving the manner of murder shifts to B.