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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…

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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?

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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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