The test of ascertaining the burden of proof lies on the person who would fail if that part is not…
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 102 of the Indian Evidence Act, 1872) places the burden on the party who would lose if neither side…
Choose your answer
The test of ascertaining the burden of proof lies on the person who would fail if that part is not proved is contained in Section ________ of the Bharatiya Sakshya Adhiniyam, 2023.
Answer and explanation
Correct answer C
Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 102 of the Indian Evidence Act, 1872) places the burden on the party who would lose if neither side gave evidence. Section 104 states the general obligation to prove facts on which the asserted right or liability depends; section 105 supplies the no-evidence test specifically asked here. Sections 205 and 206 are not provisions of the Adhiniyam, which has 170 sections.
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