Law of Evidence Questions and Answers Part-15

1. The test of ascertaining on which side the burden of proof lies is contained in
a) section 100 of Evidence Act
b) section 101 of Evidence Act
c) section 102 of Evidence Act
d) section 103 of Evidence Act

Answer: c

2. Burden of proof’ means
a) the burden of proof as a matter of law & pleadings is burden of establishing a case
b) the burden of proof as to introduction of evidence
c) both (a) &: (b)
d) only (b) & not (a).

Answer: c

3.Burden of proof
a) partially determines the right to begin
b) substantially determines the right to begin
c) wholly determines the right to begin
d) only (c) & not (a) or (b).

Answer: a

4. Burden of proof under section 101 of Evidence Act
a) never shifts
b) goes on shifting as the trial proceeds
c) may shift
d) both (b) & (C) are correct

Answer: a

5.Burden of proof is lightened by
a) presumptions
b) admissions
c) estoppels
d) all the above.

Answer: d

6. Burden of introducing evidence under section 102 of Evidence Act
a) never shifts
b) occasionally shifts
c) constantly shifts
d) only (a) and not (b) or (c).

Answer: c

7.In criminal proceedings, the burden of proof is
a) on the prosecution to prove the guilt of the accused
b) on the accused to prove his innocence
c) on both the parties
d) either (a) or (b).

Answer: a

8. Which of the following is true as to the standard of proof in criminal 81; civil proceedings
a) in criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings
b) in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings it is ’upon the balance of probabilities’
c) in criminal & civil proceedings both it is upon the balance of probabilities’
d) in criminal proceedings it is ’upon the balance of probabilities’ while in civil ‘beyond reasonable doubt

Answer: b

9. Section 105 of Evidence Act applies to
a) criminal trials
b) civil trials
c) both (a) & (b)
d) neither (a) nor (b).

Answer: a

10. In criminal trials, the onus is on the accused to prove that his case falls in
a) any of the general exception
b) any of the special exception
c) any of the proviso to any provision
d) all the above.

Answer: d