Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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103.

In criminal proceedings, the burden of proof is :

A: on the prosecution to prove the guilt of the accused
B: on the accused to prove his innocence
C: on both the parties
D: court decides on whom the burden of proof lies.

The answer is: A

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Explanation

The correct option is A: on the prosecution to prove the guilt of the accused.

This is based on the principle of presumption of innocence, which means that the accused is considered innocent until proven guilty. The prosecution has the duty to present sufficient and credible evidence to establish the guilt of the accused beyond a reasonable doubt. The accused does not have to prove his innocence, but he can challenge the evidence of the prosecution or present his own defence.