The Burden Of Proof MCQ Quiz in தமிழ் - Objective Question with Answer for The Burden Of Proof - இலவச PDF ஐப் பதிவிறக்கவும்

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 born during a valid marriage.
• It states that:
  • "The fact that any person was born during the continuance of a valid marriage between his mother and any man... shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties had no access to each other at any time when he could have been begotten."
• This provision aims to protect the sanctity of marriage and prevent illegitimacy being alleged without strong evidence.
• The presumption is conclusive, meaning it can only be rebutted by proving non-access, not merely DNA tests or other suspicions.

Additional Information

• 1) Section 115 – Deals with estoppel, not legitimacy.
• 2) Section 114 – Relates to general presumptions of fact, not legitimacy of children.
• 4) Section 113 – Pertains to presumption as to abetment of suicide of a married woman, not legitimacy.

The correct answer is Section 110

 Key Points

• Section 110 of the Indian Evidence Act, 1872 lays down the principle that:
• "When a person is in possession of something, the burden of proving that he is not the owner is on the person who affirms that he is not the owner."
• This means that possession is prima facie evidence of ownership, whether of property or a legal right.
• It aims to protect peaceful possession and prevent unlawful dispossession without due process of law.
• However, this presumption is rebuttable, i.e., it can be overturned by contrary evidence.

Additional Information

• 1) Section 109 – Relates to relationship between parties when living together (presumption of marriage).
• 2) Section 111 – Deals with burden of proving good faith in fiduciary relationships.
• 4) Section 112 – Presumes legitimacy of a child born during a valid marriage.

The correct answer is Section 102

Key Points 

• Section 102 of the Indian Evidence Act, 1872 deals with the burden of proof in civil cases.
• It states:
  • "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side."
• This means the person who needs to prove a fact in order to succeed in the case bears the burden of proof.
• It is commonly used in civil cases, where the burden lies on the party seeking relief.​

Additional Information

• 1) Section 101 – Deals with general rule of who has the burden to prove a fact, but not the “fail if no evidence” test.
• 2) Section 111 – Relates to burden of proving good faith in transactions with persons in fiduciary relationships.
• 4) Section 113 – Deals with presumption as to abetment of suicide by a married woman, not general burden of proof.

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.

​

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.