The burden of proof in a suit or proceeding lies on whom among the following?

Correct option is D

The correct option is (d) The one who would fail if no evidence at all were given on either side.

Explanation:

Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, the rules regarding the burden of proof are found in Chapter VII. While Section 104 establishes the general rule that "he who asserts must prove," Section 105 (which corresponds to Section 102 of the old Indian Evidence Act) provides the specific test to determine who carries that burden at any given moment.

• The "Failure" Test: Section 105 states that in a suit or proceeding, the burden of proof lies on that person who would lose the case if neither side presented any evidence.
• Shifting Nature: Unlike the initial burden to prove a case (which stays with the prosecution or plaintiff), the burden described in Section 105 can shift during the trial. For example, if a plaintiff proves a debt with a written bond, the burden shifts to the defendant to prove that the bond was forged. If the defendant says nothing, the defendant fails; therefore, the burden is now on the defendant.

Information Booster:

The BSA 2023 differentiates between two types of "burden":

1. Burden of Proof (Section 104): The legal obligation to prove the entire case. This never shifts. In a criminal case, it is always on the prosecution.
2. Onus of Proof (Section 105): The duty to introduce evidence on a specific point to avoid losing the case at that stage. This shifts back and forth like a pendulum between the parties.

Additional Knowledge: