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"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." This provision is co
Question

"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." This provision is contained in which Section of the Indian Evidence Act?

A.

Section 101

B.

Section 102

C.

Section 110

D.

Section 112

Correct option is B

The statement refers to the principle that the burden of proof lies on the person who would lose if no evidence were presented by either side. This principle is contained in Section 102 of the Indian Evidence Act. Section 102 specifically addresses the burden of proof in civil cases and establishes that it rests on the party who would not succeed if no evidence were presented on either side.
Information Booster:
· Section 101: This Section defines the "burden of proof" and states that whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
· Section 102: Focuses on the burden of proof in civil cases, emphasizing that the burden lies on the party who would fail if no evidence were given on either side.
· Section 110: This Section deals with the presumption of ownership, stating that when a person is in possession of anything, the burden of proving that they are not the owner is on the person who asserts that they are not the owner.
· Section 112: Pertains to the legitimacy of a child born during the continuance of a valid marriage and provides a presumption of legitimacy.

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