Question

In a civil case, the burden of proof usually lies on

• A. the judge
• B. the plaintiff
• C. the witness
• D. the advocate appearing for the defendant

Hint:

The general rule of evidence is: "He who asserts must prove."
Since the plaintiff starts the lawsuit and asserts the claims, they must provide the initial proof.
This rule holds true for both civil and criminal cases (where the prosecution must prove guilt).

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question is based on the Law of Evidence.
We need to determine which party bears the initial burden of proving their case in a civil suit.

Step 2: Key Concept or Approach:
The "burden of proof" (onus probandi) is the legal obligation to prove one's assertion or claim in a court.
Under the Indian Evidence Act, 1872 (and now Bharatiya Sakshya Adhiniyam, 2023), the burden lies on the party who wants the court to rule in their favor.

Step 3: Detailed Explanation:

• In a civil case, the person who initiates the lawsuit is the Plaintiff.

• The plaintiff files a plaint asserting certain facts and claims against the defendant.

• The legal maxim

"Ei incumbit probatio qui dicit, non qui negat" states that the proof lies upon him who affirms, not upon him who denies.

• Under Section 101 of the Indian Evidence Act, whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which they assert, must prove that those facts exist.

• Therefore, the initial burden of proof in civil proceedings rests on the plaintiff.

• The standard of proof required in a civil case is "preponderance of probabilities", which is lower than the criminal standard of "beyond reasonable doubt".
- Once the plaintiff presents prima facie evidence, the burden of proof shifts to the defendant to disprove it.


Step 4: Final Answer:
In a civil case, the burden of proof usually lies on the plaintiff, which corresponds to Option (B).