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    Question

    Under the BSA, who has the burden of proof in a civil

    suit?
    A The person with more witnesses Correct Answer Incorrect Answer
    B The person denying a fact Correct Answer Incorrect Answer
    C The person asserting the existence of a fact Correct Answer Incorrect Answer
    D The court Correct Answer Incorrect Answer
    E The police or investigating officer Correct Answer Incorrect Answer

    Solution

    Explanation: As per Section 106 of the Bharatiya Sakshya Adhiniyam, the burden of proof lies on the person who asserts the existence of a fact .In civil and criminal cases, this basic principle ensures fairness — the party bringing the case or making a claim must prove it. This aligns with the maxim: "Ei incumbit probatio qui dicit, non qui negat" (The burden of proof is on the one who declares, not the one who denies).

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