84 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BSA S.104
What is meant by the phrase "the burden of proof lies on that person" as used in Section 104 of the Bharatiya Sakshya Adhiniyam, 2023?
- A.That the person must prove the existence of the fact(s) they are bound to establish.✓ correct
- B.That the Court must independently prove the fact(s) before giving judgment.
- C.That the opposite party must disprove the asserted fact(s).
- D.That the asserted facts are presumed true unless the Court decides otherwise.
Why: Section 104 states: "when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person." Thus the burden of proof means the obligation on that person to prove the existence of the fact(s) they are asserting.
Read Section 104 — Burden of proof →Q2 · easy · BSA S.104
According to Section 104, who must prove facts when a person asks a Court to give judgment dependent on facts which he asserts?
- A.The Court itself must prove those facts.
- B.The person who asserts the facts must prove them.✓ correct
- C.The opposing party must prove the facts are false.
- D.The State or public prosecutor must prove them.
Why: The provision begins: "Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist." Therefore the asserting person must prove those facts.
Read Section 104 — Burden of proof →Q3 · medium · BSA S.104
Illustration (a) of Section 104 states: A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. In this scenario, who bears the burden of proof?
- A.The State/public prosecutor bears the burden of proof.
- B.B (the accused) bears the burden of proof.
- C.A (the person alleging the crime) bears the burden of proof.✓ correct
- D.The Court bears the burden to investigate and prove the crime.
Why: Illustration (a) expressly states: "A must prove that B has committed the crime." Thus the person alleging the crime (A) bears the burden of proving the criminal act.
Read Section 104 — Burden of proof →Q4 · medium · BSA S.104
Per Illustration (b) of Section 104: A seeks judgment that he is entitled to land in B's possession by reason of facts which he asserts and which B denies. Who must prove the existence of those facts?
- A.B must prove that A is not entitled to the land.
- B.The Court must undertake independent fact-finding to prove the facts.
- C.The State must intervene to establish title.
- D.A must prove the existence of those facts he asserts.✓ correct
Why: Illustration (b) states: "A must prove the existence of those facts." When A asserts facts on which his claim to land depends and B denies them, A bears the burden to prove those facts.
Read Section 104 — Burden of proof →Q5 · hard · BSA S.104
If a party asserts facts to obtain a judgment and the other side does not expressly deny those facts, does Section 104 require the asserting party to prove those facts to obtain judgment?
- A.Yes. The person who desires judgment must prove the facts he asserts to obtain judgment.✓ correct
- B.No. If the other side does not deny them, the asserting party need not prove them.
- C.No. The Court will treat unchallenged assertions as established without proof.
- D.Yes, but only if the Court specifically orders evidence to be led.
Why: The general rule in Section 104 is: "Whoever desires any Court to give judgment ... dependent on the existence of facts which he asserts must prove that those facts exist." This obligation to prove is placed on the asserting person and is not conditioned in the provision on a denial by the other party.
Read Section 104 — Burden of proof →79 more questions on Of The Burden Of Proof
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