Res Ipsa Loquitur in BSA: To Use or Not to Use
evidence judiciary intermediate discussionBhai, have you read the Indian Evidence Act, 1872, Section 106? Our papa ne case mein yeh section use kiya tha, aur judge ka to thandak thandak raha gaya. Res ipsa loquitur - the thing speaks for itself, yaar! But should we apply this doctrine in cases under the British Supplementary Act of 1856 (BSA)?
In Smt. Nilabati Behera v. Dr. U.K. Barik, the SC held that since the victim's son was a minor, the State was vicariously liable. I firmly believe that Res ipsa should be used here. If not, then how will the court hold the State accountable for accidents like this? Should we adopt this doctrine in BSA cases, or should it remain exclusive to civil cases?
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