Which section of the Indian Evidence Act is related to the doctrine of ‘res ipsa loquitor’?

Solution

The doctrine of 'res ipsa loquitur' is a Latin term that means "the thing speaks for itself." It is a legal principle that applies in cases where the plaintiff cannot provide direct evidence of negligence, but the circumstances of the case suggest that the defendant was negligent. In such cases, the court may infer negligence on the part of the defendant based on the nature and circumstances of the injury or harm caused to the plaintiff. Under the Indian Evidence Act, 1872, Section 106 deals with the doctrine of 'res ipsa loquitur'. This section provides that when the facts necessary to prove the right of the plaintiff or the defendant to any judgment or relief are exclusively within the knowledge of the opposite party, the burden of proving those facts shall lie on that party. Thus, Section 106 shifts the burden of proof to the party who has exclusive knowledge of the facts in question. In cases where the plaintiff cannot provide direct evidence of negligence, and the defendant has exclusive knowledge of the circumstances that led to the harm, the plaintiff can rely on the doctrine of 'res ipsa loquitur' and shift the burden of proof to the defendant.