Under section 104 of the Bharatiya Sakshya Adhiniyam, 2023, what happens to the legal burden of proving…
Section 104 places the legal burden on the person seeking a judgment that depends on facts that person asserts. The evidential onus to respond to the proof already produced…
Choose your answer
Under section 104 of the Bharatiya Sakshya Adhiniyam, 2023, what happens to the legal burden of proving a fact necessary to establish a claimed right or liability as evidence is introduced?
Answer and explanation
Correct answer A
Section 104 places the legal burden on the person seeking a judgment that depends on facts that person asserts. The evidential onus to respond to the proof already produced can shift as the evidence develops.
Option feedback
Option A
The party whose claim depends on the fact bears the legal burden of proving it.
Option B
The evidential onus may move during a trial, but witness order does not transfer the legal burden.
Option C
A denial does not transfer the claimant’s legal burden.
Option D
Section 104 allocates the legal burden by the fact asserted and does not provide for transfer by leave.
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