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Blood stains on the shirt of the Accused in a murder trial is a fact which is especially within the knowledge of an Accused. If the Accused fails to o
Question

Blood stains on the shirt of the Accused in a murder trial is a fact which is especially within the knowledge of an Accused. If the Accused fails to offer an explanation, then

A.

an adverse inference can be drawn against the Accused by the Court.

B.

the Accused cannot be punished for his right to silence.

C.

it is for the prosecution to show conclusively how the Accused’s shirt came to be stained with blood.

D.

it is not a fact in issue and therefore is not relevant.

Correct option is A

Under Section 106 of the Indian Evidence Act, 1872 (retained in Section 109 of the Bharatiya Sakshya Adhiniyam, 2023), when a fact is especially within the knowledge of a person, the burden of explaining it lies on that person. In this case, the presence of blood stains on the Accused's shirt is a fact particularly within his knowledge. If the Accused fails to provide a reasonable explanation, the Court is entitled to draw an adverse inference against him.

  • Option (b) is incorrect because the right to silence does not negate the Court's ability to draw inferences in such cases.
  • Option (c) is incorrect because Section 106 shifts the burden of proof for specific facts within the Accused's knowledge.
  • Option (d) is incorrect as the presence of blood stains is highly relevant.

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