Burden of proof under Section 101 of the Indian Evidence Act, 1872:
Verified Answer
A. goes on shifting as the trial proceeds
B. never shifts
C. may shift
D. both (1) and (3) are correct
Explanation:
While the primary or legal burden of proof (onus probandi) generally remains on the party who asserts the affirmative (as per Section 101), the evidentiary burden (burden of adducing evidence) shifts from one party to another as the trial proceeds. Options (1) and (3) both describe this shifting nature of the evidentiary burden, making (4) the most comprehensive correct answer in the context of a trial.