Question

    In a criminal trial, when does the burden of proof shift

    to the accused?
    A As soon as the charges are framed. Correct Answer Incorrect Answer
    B When the accused pleads not guilty. Correct Answer Incorrect Answer
    C When the prosecution establishes a prima facie case. Correct Answer Incorrect Answer
    D When the trial court orders framing of charges. Correct Answer Incorrect Answer
    E When the accused is taken into custody. Correct Answer Incorrect Answer

    Solution

    As per Section 107 of the Bharatiya Sakshya Adhiniyam, the initial burden of proof is always on the prosecution in a criminal case. However, once the prosecution proves a prima facie case, the burden may shift to the accused to rebut the presumption or offer an alternative explanation, especially in cases involving presumptions (like possession of stolen property or dowry death). This principle ensures fair trial standards, where the accused is presumed innocent unless proven guilty, but also allows exceptions where rebuttable presumptions arise by law.

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