The question (15 marks)
Explain the rules relating to the burden of proof under the Bharatiya Sakshya Adhiniyam, 2023. Distinguish the legal from the evidential burden, and discuss the burdens placed on an accused person. (15 marks)
Module II, burden of proof
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Proof and Burden of Proof of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023).
Authorities you will need
- BSA ss. 104 and 105 (IEA ss. 101 and 102)
- BSA ss. 106 and 107 (IEA ss. 103 and 104)
- BSA s. 108 (IEA s. 105) and its three illustrations
- BSA s. 109 (IEA s. 106) and its two illustrations
- BSA ss. 110 to 114 (IEA ss. 107 to 111)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.