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What do you mean by 'onus probandi' ?

  • A.'Burden of proof' which places the responsibility on the party making an affirmative claim to substantiate it with evidence.
  • B."The fact to be proved" or the "ultimate fact" that needs to be established in a legal case, such as the core elements of a crime or a cause of action.
  • C.The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute.
  • D.Actual evidence, documents, or witnesses presented to substantiate that claim.

Answer: A

Onus probandi means the burden of proof, which places the responsibility on the party making an affirmative claim to substantiate it with evidence.

The Latin phrase literally means 'the burden of proving'. It is reflected in Sections 104 and 105 of the Bharatiya Sakshya Adhiniyam (formerly Sections 101 and 102 of the Evidence Act): whoever desires a court to give judgment on facts he asserts must prove that they exist, and the burden lies on the person who would fail if no evidence were given on either side.

'The fact to be proved' describes factum probandum, and the evidence offered to prove it is factum probans. The statement about proof of the criminal act and mens rea beyond reasonable doubt describes the standard of proof in criminal cases, not the meaning of the term.

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