Burden of Proof Questions and Answers

Answer: A

The principles were laid down in Sharad Birdhichand Sarda v. State of Maharashtra (1984).

Deciding a murder case resting wholly on circumstantial evidence, the Supreme Court set out five conditions, which it called the 'panchsheel' of proof: the circumstances must be fully established; they must be consistent only with the hypothesis of guilt; they must be of a conclusive nature and tendency; they must exclude every hypothesis except the one to be proved; and the chain of evidence must be so complete as to leave no reasonable ground for a conclusion consistent with innocence.

Courts cite Sharad Birdhichand Sarda as the source of the five-point test. The other three judgments are not the decision that formulated it.

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.

Answer: B

The passage quoted is the text of Section 112 of the Indian Evidence Act, 1872, which makes birth during a valid marriage, or within 280 days after its dissolution while the mother remains unmarried, conclusive proof of legitimacy unless non-access of the parties is shown.

Section 125 of the Act deals with information as to the commission of offences, a different subject. The Evidence Act does not run as far as Sections 223 or 287, so those options cannot be right.

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.