Correct option is D
The correct answer is (d) 'A' himself.
Explanation:
· Burden of Proof on 'A': In the case of being charged with traveling without a ticket, the burden of proof lies on the accused (in this case, 'A') to demonstrate that he had a valid ticket. This is based on the principle that when a person is found in circumstances suggesting the commission of an offense, it is for that person to prove the absence of such circumstances.
Information Booster:
1. Legal Principle: According to Section 106 of the Indian Evidence Act, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Therefore, 'A' must prove that he had a valid ticket because it is a fact within his special knowledge.
2. Traveling Without Ticket: In the context of railway travel, possessing a valid ticket is a basic requirement for lawful travel. If a person is found traveling without a ticket, it is reasonable to require that person to prove that they had one.
3. Presumption of Regularity: There is a general presumption that passengers traveling by train must hold a valid ticket. If a passenger is unable to produce a ticket, it is presumed that they did not possess one, placing the onus on them to prove otherwise.
Additional Information:
· Exceptions to General Rule: While the general rule is that the prosecution must prove the offense beyond a reasonable doubt, certain offenses, like traveling without a ticket, involve a shift in the burden of proof to the accused to prove a specific fact that is uniquely within their knowledge.
· Prosecution's Role: In most criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt.
· Specific Knowledge: Section 106 of the Indian Evidence Act applies where the fact to be proved is within the special knowledge of the defendant.
