Failure to Testify on Personal Knowledge Invites Adverse Inference under Evidence Act: Supreme Court

The Supreme Court has held that when crucial facts lie within a party’s personal knowledge and failure to step into the witness box invites adverse inference under Section 114(g) of the Evidence Act.

A Bench of Justices Sanjay Karol and Prashant Kumar Mishra ruled in a property inheritance dispute involving the validity of a woman’s marriage to one Dasabovi.

The defendant, despite being present in court, avoided the witness box and offered no explanation.

The Court, confirming the High Court’s decision, held that such deliberate silence can amount to calculated evasion, tipping the balance in favour of the plaintiffs as legitimate heirs.