The Burden Of Proof MCQ Quiz in తెలుగు - Objective Question with Answer for The Burden Of Proof - ముఫ్త్ [PDF] డౌన్‌లోడ్ కరెన్

The correct answer is Section 107

Key Points 

• Section 107 – Burden of proving that a person is alive who has not been heard of for seven years:
  • This section incorporates the principle of presumption of survivorship.
  • It states that when the question is whether a person is alive or dead, and it is shown that he was alive within 30 years, the burden of proving that he is dead is on the person who affirms it.
• Related Principle – Section 108:
  • While Section 107 presumes life, Section 108 presumes death if a person has not been heard of for 7 years by those who would naturally have heard of him.
  • So, Section 107 = Presumption of life, Section 108 = Presumption of death.
• Presumption of Survivorship:
  • In cases where two or more persons die in circumstances where it is not possible to determine who died first, the law may apply presumptions based on age, strength, etc. — though this specific survivorship principle is generally guided by succession laws, it finds procedural application starting in Section 107 of the Evidence Act.

Additional Information

• Section 106: Deals with the burden of proving facts especially within knowledge — not about survivorship.
• Section 108: Deals with presumption of death, not survivorship.
• Section 109: Deals with relationship presumption — when one person is shown to be related to another, the court presumes the existence of the usual relationship.

The correct answer is Section 106

Key Points

• Section 106: “When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.”
• In this case:
  • Whether ‘A’ had a ticket or not is a fact especially within his own knowledge, not the prosecution’s.
  • The railway authority can prove that he was found traveling without producing a ticket, but ‘A’ alone knows whether he actually had one or not. Hence, the burden of proving he had a valid ticket lies on ‘A’, as per Section 106.

Additional Information

• Section 102: Deals with general rule about burden of proof — lies on the party who would fail if no evidence is given.
• Section 107: Concerns the presumption of a person being alive if alive within the last 30 years.
• Section 108: Applies when a person is not heard of for seven years, then presumption of death arises.

The correct answer is Presumption of legitimacy

Key Points

• Section 112 of the Indian Evidence Act, 1872 deals with Presumption of legitimacy of child:
  • If a child is born during the continuance of a valid marriage between its mother and any man, or within 280 days after its dissolution, and the mother remains unmarried,
  • It shall be conclusively presumed to be the legitimate child of that man.
• Conclusive proof:This is a conclusive presumption of law unless it is shown that the husband had no access to the wife during the time the child could have been conceived.
• Purpose: It is aimed at protecting the legitimacy of children born in wedlock and promoting social stability.

Additional Information

• Presumption of life – Not covered under Section 112; related to legal assumptions of continued existence (not in this section).
• Presumption of marriage – Not specifically dealt with in Section 112; governed by other legal doctrines or facts.
• Presumption of death – Not dealt with under Section 112; typically inferred after 7 years of disappearance (under general law or other legal provisions).

The correct answer is Section 113-B

Key Points

• Section 113-B of the Indian Evidence Act provides for “Presumption as to dowry death.”
• If a woman dies due to burns, bodily injury, or under unnatural circumstances within 7 years of marriage, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry,
  • The court shall presume that the husband or his relatives caused the dowry death.
• This presumption is mandatory, provided the above conditions are met, and it aids in the prosecution of dowry-related offences.
• It complements Section 304-B of the IPC, which defines and punishes dowry death

Additional Information 

• Section 111-A: Deals with presumption as to certain offences under the Indian Penal Code like terrorism, not dowry death.
• Section 112: Presumes the legitimacy of a child born during or within 280 days of a valid marriage.
• Section 113-A: Deals with presumption as to abetment of suicide by a married woman, not directly dowry death.

The correct answer is Section 101-114 A of Indian Evidence Act

Key Points

• Section 101 to 114A of the Indian Evidence Act, 1872, specifically deal with the 'Burden of Proof'.
• These provisions cover:
  • Section 101: Who bears the burden of proof.
  • Section 102–103: When the burden shifts.
  • Section 104–105: Burden in special cases (e.g. exceptions, insanity).
  • Section 106–114A: Presumptions affecting burden of proof (including presumption in rape cases under 114A).
• These sections form the core framework for evidentiary responsibility in both civil and criminal trials.

Additional Information

• Section 91–100: Deal with documentary evidence, not burden of proof.
• Section 84–90: Relate to presumptions about documents and electronic records, not general burden of proof.
• Section 115–118: Concern estoppel and witness competence, not burden of proof.

The correct answer is Tukaram V. State of Maharashtra

Key Points

• The Tukaram v. State of Maharashtra case involved the custodial rape of a young tribal girl named Mathura by two policemen.
• The Supreme Court acquitted the accused, stating that Mathura had not raised an alarm and there was no proof of resistance, implying consent.
• This judgment triggered nationwide protests by legal scholars, activists, and women's groups, highlighting the bias and inadequacy in rape laws.
• As a result, the Criminal Law Amendment Act, 1983 was enacted, and Section 114-A was inserted in the Indian Evidence Act.
• Section 114-A states that if the victim says there was no consent, the court shall presume the absence of consent in cases of custodial rape, gang rape, etc.

Additional Information

• Moginbai v. State of Gujarat – Related to consent in rape, but not the direct reason for insertion of Section 114-A.
• Harpal Singh Case – Concerned a minor’s rape and application of statutory rape provisions, not custodial rape.
• Pramod Mehto Case – Not related to the introduction of Section 114-A.

The correct answer is presumption as to abetment of suicide by a married woman.

Key Points

• Case: Pawan Kumar v. State of Haryana, AIR 2001 SC 1324
• In this case, the Supreme Court dealt with the issue of abetment of suicide of a married woman under Section 306 IPC (abetment of suicide) and the corresponding presumption under Section 113A of the Indian Evidence Act, 1872.
• Section 113A of the Evidence Act provides that where a married woman commits suicide within seven years of her marriage, and it is shown that her husband or his relatives had subjected her to cruelty, the court may presume that her husband or his relatives have abetted such suicide.
• The Court in this case discussed:
  • The cruelty inflicted on the deceased.
  • The proximity of the cruelty to the incident of suicide.
  • The applicability of presumption under Section 113A.

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Additional Information

• Presumption as to dowry death That would involve Section 113B Evidence Act — not the main issue here.
• Presumption as to legitimacy Related to Section 112 Evidence Act — not applicable.
• Presumption as to rape No connection to rape presumption in this case.

The correct answer is Section 112

Key Points

• Section 112 of the Indian Evidence Act, 1872 deals with the presumption of legitimacy of a child.
• It provides that:
  • A child born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, the mother remaining unmarried, shall be conclusively presumed to be the legitimate son of that man.
• Key Features:
  • This is a conclusive presumption (not rebuttable by ordinary evidence).
  • The only way to rebut it is to prove non-access between the spouses at the time the child could have been conceived.

Additional Information

• Section 113 – Deals with presumption regarding legitimacy of certain documents, not children.
• Section 114 – Deals with presumptions of facts, not legitimacy.
• Section 115 – Covers the doctrine of estoppel, unrelated to legitimacy.

The correct answer is Burden of proof – Section 101

Key Points

• Burden of Proof – Section 101
  • Correct match.
  • Section 101 states that whoever desires a court to give judgment as to any legal right or liability based on facts which he asserts, must prove those facts.
• Dowry Death – Section 122
  • Incorrect match.
  • Dowry death is covered under Section 113B, not Section 122.
  • Section 122 deals with privileged communications between spouses.
• Dumb Witness – Section 107
  • Incorrect match.
  • A dumb witness is governed by Section 119.
  • Section 107 deals with the presumption of continuation of life.
• Accomplice – Section 119
  • Incorrect match.
  • Accomplice evidence is governed by Section 133.
  • Section 119 is about witnesses who are unable to speak.

Additional Information

• Dowry Death – Section 122: Incorrect – It is dealt with under Section 113B.
• Dumb Witness – Section 107: Incorrect – Covered under Section 119.
• Accomplice – Section 119: Incorrect – Covered under Section 133.

The correct answer is 1986

Key Points

• Section 113-B of the Indian Evidence Act, 1872
  • This section deals with the presumption of dowry death.
  • It states that if a woman dies within 7 years of marriage under unnatural circumstances, and there is evidence of cruelty or harassment for dowry, the court shall presume that it is a dowry death.
• Introduced by:
  • The Dowry Prohibition (Amendment) Act, 1986 added Section 113-B to the Indian Evidence Act.
• Purpose:
  • To strengthen the legal framework against dowry-related harassment and deaths.
  • It shifts the burden of proof to the husband and his relatives once certain conditions are met.
• Connected Provisions:
  • It complements Section 304-B of the Indian Penal Code (IPC), which defines dowry death as a specific criminal offence.

Additional Information

• Option 1. 1983: This amendment introduced Section 498-A IPC, dealing with cruelty by husband or relatives—not Section 113-B.
• Option 2. 1984: No significant amendment to the Indian Evidence Act regarding dowry death occurred in this year.
• Option 3. 2000: This is too recent; Section 113-B was already in place by then.