Section 101 IEA enacts that:
Answer & Solution
Correct answer: A.
1. Section 101 IEA: 'Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.'
2. The burden of proof lies on the party which would FAIL if no evidence at all were given on either side.
3. In criminal cases, this burden is on the PROSECUTION (Woolmington v. DPP [1935] AC 462 — 'golden thread').
4. Section 102 IEA: the burden of proof lies on the person who would fail if no evidence were given.
5. Section 103 IEA: burden of proof of a particular fact lies on the person who wishes the court to believe in its existence.
6. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — Indian Evidence Act, Section 101_
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