Write notes on the following: Rules of Adverse Inference

Adverse interest rule refers to a principle that if a party fails to produce a witness who is within its power to produce and who should have been produced, that failure gives rise to an inference that the evidence is unfavorable to him. The adverse inference rule applies only when a party has relevant evidence within its control which it fails to produce. The logic supporting the adverse inference rule is that a party fails to produce evidence in its control in order to conceal adverse facts. It is incumbent upon a party in possession of best evidence on the issue involved, to produce such evidence and if such party fails to produce the same, an adverse inference is liable to be drawn against such party. The Court will be justified in drawing an adverse inference against that party. [Ms. Shefali Bhargava v. Indraprastha Appollo Hospital & Anr., 2003 NCJ 787 (NC)]. It is equally incumbent upon a party to produce evidence of some expert where the issue involved is a complex or difficult one as for instance, issues pertaining to engineering, medical, technology or science etc. Since the court cannot constitute itself into an expert body and contradict the claim/proposition on record unless there is something contrary on the record by way of expert opinion or there is any significantly acclaimed publication or treatise on which reliance could be based. [Dr. Harkanwaljit Singh Sainiv. Gurbax Singh & Anr., 2003 NCJ 800 (NC)].