Choose the correct meaning of the legal maxim: Actori incumbit onus probandi:
Actori incumbit onus probandi means that the burden of proving a claim lies on the plaintiff. Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 requires a person seeking…
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Choose the correct meaning of the legal maxim: Actori incumbit onus probandi:
Answer and explanation
Correct answer A
Actori incumbit onus probandi means that the burden of proving a claim lies on the plaintiff. Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 requires a person seeking a judgment based on asserted facts to prove those facts. Under section 105 the burden lies on the party who would fail if neither side gave evidence. A defendant can therefore carry the burden on an issue such as alleged fraud when the underlying claim is otherwise admitted. The corresponding provisions of the Indian Evidence Act, 1872 were sections 101 and 102.
Option feedback
Option A
Correct. 'Actori incumbit onus probandi' literally translates to "The burden of proof lies on the plaintiff" ('actori' = on the plaintiff/claimant; 'incumbit' = rests/lies; 'onus probandi' = the burden of proof).
Option B
Actori refers to the plaintiff or claimant. A defendant can carry the burden on an issue the defendant raises, but that is a different question.
Option C
The words onus probandi refer to the burden of proof. The maxim identifies who must prove a claim.
Option D
The maxim concerns who bears the burden of proof. It contains no reference to the timing of an act.
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