Site navigation

Which section of the Bharatiya Sakshya Adhiniyam, 2023 states the general burden on a person who asks a…

Section 104 states the general rule that a person asking the court to give judgment on a legal right or liability dependent on facts that person asserts must prove those…

Choose your answer

Which section of the Bharatiya Sakshya Adhiniyam, 2023 states the general burden on a person who asks a court to give judgment based on facts that person asserts?

Select one answer
Answer and explanation

Correct answer A

Section 104 states the general rule that a person asking the court to give judgment on a legal right or liability dependent on facts that person asserts must prove those facts. Section 105 places the burden on the party who would fail if neither side gave evidence. Section 108 puts the burden of establishing a general or special exception on the accused. Section 111 places the burden of proving a person is alive on the party who asserts it once the statutory seven-year condition is met.

Option feedback

Option A

Section 104 states the general rule that a person who asks the court to give judgment on a right or liability dependent on asserted facts must prove those facts.

Option B

Section 105 identifies the party who bears the burden by asking who would fail if neither side gave evidence.

Option C

Section 108 puts the burden of proving circumstances that bring a case within a general or special exception on the accused.

Option D

Section 111 shifts the burden of proving a person is alive to the party who asserts it when those who would naturally have heard from that person have not done so for seven years.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic