Best Evidence in Litigations : Supreme Court Explains the Legal Principles on Best Evidence
It was held in Tomaso Bruno v State of UP [2015] GCtR 6590 (SC) that the principle underlying S.106 of the Indian Evidence Act, 1872 is that the burden to establish those facts, which are within his personal knowledge is cast on the person concerned, and if he fails to establish or explain those facts, an adverse inference may be drawn against him. As per S. 114 (g) of the Indian Evidence Act, if a party in possession of best evidence which will throw light in controversy withholds it, the court can draw an adverse inference against him notwithstanding that the onus of proving does not lie on him. The presumption under S.114 (g) of the Indian Evidence Act is only a permissible inference and not a necessary inference.