Discussion
"The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side". Which section of Indian Evidence Act, 1872, is being discussed here?
Answer: B
The burden of proof lying on the person who would fail if no evidence at all were given on either side is the rule of Section 102 of the Indian Evidence Act, 1872, which states on whom the burden of proof lies.
Section 101 defines the burden of proof, while Section 105 puts the burden of proving the exceptions in criminal cases on the accused, Section 108 deals with the burden of proving that a person is alive who has not been heard of for seven years, and Section 111 with proof of good faith in transactions where one party is in a position of active confidence. These are different burden rules.
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