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      Question

      According to Section 101 of the Bharatiya Sakshya

      Adhiniyam, 2023, which statement correctly defines the burden of proof?
      A The burden of proof is the responsibility to present evidence only for disputed facts Correct Answer Incorrect Answer
      B Whoever desires the Court to give judgment as to any legal right or liability, dependent on the existence of certain facts, must prove that those facts exist Correct Answer Incorrect Answer
      C The burden of proof shifts automatically once the opposing party presents any evidence Correct Answer Incorrect Answer
      D In all proceedings, the burden of proof lies equally on both parties Correct Answer Incorrect Answer
      E The burden of proof is determined by the judge's discretion in each case Correct Answer Incorrect Answer

      Solution

      Section 101 of the BSA provides: "Whoever desires the Court to give judgment as to any legal right or liability, dependent on the existence of certain facts, must prove that those facts exist." This establishes the fundamental principle: the party asserting a legal right or liability bears the burden of proving the foundational facts. The burden is  static and fixed —it does not shift based on evidence presented (that shifting mechanism is the "onus of proof" under Section 102). Section 101 allocates responsibility: the party with the legal interest in proving a proposition bears the burden throughout the proceeding.

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