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Past Questions
First appeal lies under which section of CPC?
A)
Section 96
B)
Section 100
C)
Section 115
D)
Section 144
Step-by-step reasoning:
1. **Analysis of Section 96**: Under the Code of Civil Procedure (CPC), 1908, Section 96 explicitly provides that an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court. This is known as the 'First Appeal'.
2. **Evaluation of Option b (Section 100)**: Section 100 deals with 'Second Appeals'. A second appeal lies to the High Court on a substantial question of law.
3. **Evaluation of Option c (Section 115)**: Section 115 pertains to the 'Revision' of cases decided by subordinate courts, which is a supervisory power of the High Court, not a first appeal.
4. **Evaluation of Option d (Section 144)**: Section 144 deals with the 'Restitution' of benefits to a party who has been disadvantaged by a decree that is subsequently reversed or modified.
Therefore, the correct provision for a first appeal is Section 96.
If defendant refuses to accept the summons, the court may order:
A)
Arrest of defendant
B)
Substituted service
C)
Dismissal of suit
D)
None of the above
Under the Code of Civil Procedure (CPC), when a defendant refuses to accept the summons or avoids service, the court cannot simply dismiss the suit or arrest the defendant immediately. Instead, the court employs 'Substituted Service' as provided under Order V, Rule 20 of the CPC. Substituted service is ordered when the court is satisfied that the defendant is avoiding service or that the summons cannot be served in the ordinary way. This typically involves affixing a copy of the summons in a conspicuous part of the courthouse and the defendant's last known residence, or publishing the summons in a daily newspaper.
Why other options are incorrect:
- (a) Arrest of defendant: Arrest is generally a remedy for the execution of a decree or in specific cases of avoidance of arrest (Order XXXVIII), not as a primary response to the refusal of a summons.
- (c) Dismissal of suit: A suit is not dismissed simply because a defendant refuses a summons; the law provides alternative methods (substituted service) to ensure the defendant is legally notified before proceeding ex-parte.
- (d) None of the above: Incorrect because option (b) is the legally prescribed remedy.
As per section 2 (47) of Mizoram Municipalities Act- 2007 “Panchayat” means an institution (by whatever name called) of local-self Government constituted under or in the spirit envisaged by ___________of the Constitution of India, and includes a village council constituted under the Lushai Hills District (Village Council) Act, 1953 for the purpose of this Act;
A)
Article 240
B)
Article 241
C)
Article 242
D)
Article 243
The Mizoram Municipalities Act, 2007, defines 'Panchayat' in Section 2(47). In the Constitution of India, the provisions relating to the Panchayats are contained in Part IX, which begins with Article 243. Article 243 provides the definitions and the framework for the constitution of Panchayats as institutions of local self-government. Therefore, any reference to the 'spirit envisaged' by the Constitution regarding Panchayats refers to Article 243. Options a, b, and c (Articles 240, 241, and 242) deal with other administrative and judicial matters (such as administration of Union Territories and High Courts) and are not related to the establishment of the Panchayati Raj system.
Under section 19 of MPDR Act, where the property to be attached consists of the share or interest of the Certificate debtor in movable property belonging to him and other as co-owners, the attachment shall be made by a notice to the Certificate-debtor in _____________prohibiting him from transferring the share or interest or changing it in any way.
A)
Form No. 10
B)
Form No. 11
C)
Form No. 12
D)
Form No. 13
Under the Mizoram Public Demands Recovery (MPDR) Act, Section 19 deals with the attachment of a share or interest of a Certificate-debtor in movable property held in co-ownership. According to the procedural rules and the schedules of forms associated with the Act, when the property to be attached is a share in movable property belonging to the debtor and others as co-owners, the attachment is executed by serving a specific notice to the Certificate-debtor. This notice, which prohibits the debtor from transferring or changing their share or interest, is prescribed in Form No. 11. Form No. 10 typically relates to different attachment notices, and Forms 12 and 13 serve other administrative or legal purposes within the recovery process.
As per ______________the Mizo Marriage Divorce and Inheritance of property act 2014, All movable and immovable properties inherited and acquired, which is not registered in the name of any member of the family living under the same roof are deemed to be the property of the head of the family.
A)
Section 20
B)
Section 21
C)
Section 22
D)
Section 23
Under the Mizo Marriage, Divorce and Inheritance of Property Act, 2014, Section 22 specifically addresses the presumption of ownership regarding family property. It stipulates that all movable and immovable properties inherited and acquired, which are not registered in the name of any specific member of the family living under the same roof, are deemed to be the property of the head of the family. This section serves to clarify ownership disputes within a joint family setting where formal registration of individual assets may be absent.
Under the Mizoram Public Demands Recovery Act, 2001, the process for recovering public demands is similar to the process for:
A)
Recovery of civil debts
B)
Recovery of criminal fines
C)
Recovery of arrears of land revenue
D)
Recovery of taxes on income
The Mizoram Public Demands Recovery Act, 2001, is designed to provide a streamlined mechanism for the government to recover 'public demands' (money owed to the state) without having to file a fresh civil suit for every single debt. In Indian administrative law and specifically under the Public Demands Recovery Acts (which are largely modeled after the Bengal Public Demands Recovery Act), the procedure for recovery—including the issuance of certificates, attachment of property, and sale of assets—is explicitly designed to mirror the process used for the recovery of arrears of land revenue. This allows the state to use summary proceedings rather than the lengthy process of a civil court.
- Option (a) is incorrect because civil debts require a decree from a civil court through a full trial.
- Option (b) is incorrect because criminal fines are handled under the Code of Criminal Procedure (CrPC).
- Option (d) is incorrect because income tax recovery is governed by the specific provisions of the Income Tax Act.
Under Section 42 of MMA 2007, If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may, at any time within _________immediately after the date of declaration of the result of the election, file a petition before the District Magistrate of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as security for the cost likely to be incurred:
A)
Ten days
B)
Fifteen days
C)
One month
D)
Two months
According to Section 42 of the Mizoram Municipalities Act (MMA), 2007, which deals with the 'Election Petition', any person qualified to vote who wishes to challenge the validity of the election of a Councillor must file a petition before the District Magistrate. The statutory time limit prescribed for filing this petition is within one month immediately after the date of declaration of the result of the election. Additionally, the petitioner is required to deposit two hundred rupees as security for costs. Therefore, option (c) is the correct legal timeframe.
Under section 16(2), each Village Council shall have power to exempt any person or persons from hnatlâng at its own discretion. The reason for exemption shall be recorded in writing. No person who is___________, ______________________and persons with disabilities shall be compelled to participate in any hnatlâng.
A)
sixty years or above and persons having terminal illness
B)
sixty-five years or above and persons having terminal illness
C)
sixty years or above and lunatic
D)
sixty five years or above and lunatic
According to the Mizoram (Village Councils) Act, specifically under Section 16(2), the law provides guidelines regarding 'hnatlâng' (community labor). While the Village Council has the discretionary power to exempt individuals (provided the reason is recorded in writing), the Act mandates certain absolute exemptions. The law specifies that persons who are sixty years of age or above, persons suffering from terminal illnesses, and persons with disabilities cannot be compelled to participate in hnatlâng. Therefore, option (a) correctly identifies the age threshold (60 years) and the medical condition (terminal illness) required to complete the sentence.
As given under section 21(2), If a man divorces his wife on ground of adultery or deprivation of his conjugal right except on health ground, she will have a share over the acquired property not exceeding _________ along with her personal property.
A)
20%
B)
25%
C)
30%
D)
40%
According to the Mizo Marriage Divorce and Inheritance of Property Act, Section 21 deals with the division of property upon divorce. Specifically, Section 21(2) stipulates that if a husband divorces his wife on the grounds of adultery or the deprivation of his conjugal rights (unless such deprivation is based on health grounds), the wife's claim to the acquired property is limited. In such cases, she is entitled to a share of the acquired property not exceeding 25%, in addition to her own personal property. This provision serves as a legal penalty or limitation on the property share when the divorce is caused by the wife's misconduct as defined in the Act.
The following non-indigenous person(s) shall also remain exempted from having ILP: 1. Government Advocate as well as the advocate on Defence Panel of Government with his/her family while serving in Mizoram. 2. Regular or permanent employee of the Government undertakings and Corporations shall be exempted with his/her family for entry and stay only so long as the employee is posted in Mizoram. 3. Persons or group of persons invited by the Government or Government undertakings to participate in Government sponsored programmes. In such cases; the sponsoring Department/ office shall obtain exemption certificate from Home Department, Government of Mizoram. 4. A male non-indigenous person married to an indigenous Mizo female or other indigenous female.
A)
1, 2, 3 & 4 are correct
B)
1, 2, 3 are correct
C)
1, 2, 4 are correct
D)
2, 3 & 4 are correct
Based on the Inner Line Permit (ILP) guidelines implemented by the Government of Mizoram, specific exemptions are granted to non-indigenous persons to facilitate administration and official duties.
1. Government Advocates and those on the Defence Panel are exempted along with their families while serving in the state to ensure the legal machinery functions without bureaucratic delay.
2. Regular employees of Government undertakings/Corporations are exempted along with their families for the duration of their posting in Mizoram.
3. Persons invited for Government-sponsored programs are exempted, provided the sponsoring department obtains an exemption certificate from the Home Department.
Regarding point 4: A non-indigenous person married to an indigenous Mizo female is NOT automatically exempted from the requirement of an ILP or the regulations governing non-indigenous persons. While they may apply for specific permits or residency status, they do not fall under the category of 'automatic exemption' alongside government officials and sponsored guests. Therefore, statement 4 is incorrect, making option 'b' the correct choice.
Attachment of debt, share and other movable property not in possession of a Certificate Debtor is given under________.
A)
Section 15
B)
Section 16
C)
Section 17
D)
Section 18
The Mizoram Public Demands Recovery Act is based on the Public Demands Recovery Act, 1962 (and similar state-specific adaptations). Under this legal framework, the procedure for the recovery of certificates is detailed in specific sections. Section 15 typically deals with the attachment of movable property in the possession of the certificate debtor. Section 16 specifically provides the legal mechanism for the 'Attachment of debt, share and other movable property not in possession of a Certificate Debtor,' allowing the Certificate-officer to bring such properties under attachment by notifying the third party holding the property or debt. Section 17 and 18 generally deal with subsequent processes such as the sale of attached property or specific exemptions.
As per section _______________, the State Election Commission shall stipulate timeline for holding of the first meeting of the new Village Council for formation of new Executive Committee in the schedule of its notice of Elections. The first meeting of the new Village Council shall be conducted by an authorised official appointed by the State Government, in such manners as may be prescribed.
A)
Section 10
B)
Section 11
C)
Section 12
D)
Section 13
Under the Mizoram (Village Councils) Act, Section 12 specifically deals with the procedures following the election of the Village Council. It mandates that the State Election Commission must stipulate the timeline for the first meeting of the new Village Council in its election notice. This first meeting is critical as it is where the new Executive Committee is formed. Furthermore, the section specifies that this inaugural meeting must be conducted by an authorized official appointed by the State Government to ensure the legality and order of the proceedings. Sections 10 and 11 typically deal with the composition and qualification/disqualification of members, while Section 13 usually pertains to the functions or terms of office, making Section 12 the precise legal reference for the conduct of the first meeting.
Section 31 states that, any person aggrieved by any order of the Municipal Electoral Registration Officer with regard to any entry in, omission from, the electoral roll may, within fifteen days from the date of final publication of the electoral roll appeal to the District Municipal Election Officer. The decision of such appellate authority _____________.
A)
shall not be final and will be appealable to the High Court of the concern state.
B)
shall not be final and will be appealable to the Election Commission of India.
C)
shall be final and binding.
D)
shall be final and binding only when both parties agree to the terms.
Under the Mizoram Municipalities Act, Section 31 outlines the process for appealing decisions made by the Municipal Electoral Registration Officer regarding the electoral roll. The process allows an aggrieved person to appeal to the District Municipal Election Officer within fifteen days of the final publication of the roll. In administrative law governing municipal elections in this jurisdiction, the decision of the designated appellate authority (the District Municipal Election Officer) is intended to be conclusive to ensure the timely conduct of elections and the finality of the voter list. Therefore, the decision of such appellate authority shall be final and binding.
Proof is the result of:
A)
Inquiry
B)
Evidence
C)
Investigation
D)
Statement
In the law of evidence, 'Proof' is the effect or the result of 'Evidence'. Evidence consists of the facts, documents, or testimonies presented to the court to establish the existence or non-existence of a fact. When the court is satisfied by the evidence presented, it arrives at a conclusion of 'proof'.
Why other options are incorrect:
- a. Inquiry: This is the process of seeking truth or information, often conducted by a magistrate or authority, but it is a procedure, not the direct source of proof.
- c. Investigation: This is the process of collecting evidence (usually by police), but the investigation itself is the means; the evidence collected during the investigation is what leads to proof.
- d. Statement: A statement is a type of evidence (oral or written), but not all statements are admissible or sufficient to constitute proof. Evidence is the broader category that encompasses all admissible statements and documents used to prove a fact.
Section 194(2) of the BNSS, 2023 provides________ for forwarding the report on suicide to the District Magistrate or the Sub-Divisional Magistrate.
A)
24 hours
B)
48 hours
C)
12 hours
D)
72 hours
Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the police report on suicide (which corresponds to Section 174 of the old CrPC). Specifically, Section 194(2) mandates that the officer in charge of a police station shall forward the report on suicide to the District Magistrate or the Sub-Divisional Magistrate without unnecessary delay, and in any case, within 24 hours. This ensures a timely judicial or executive review of the circumstances surrounding the death to prevent foul play or cover-ups. Options b, c, and d are incorrect as they do not align with the statutory timeframe prescribed in the BNSS 2023.
Which of the following amounts to defamation?
A)
To convey a caution intended for good of person, to whom conveyed or for public good
B)
To make an imputation concerning a company or an association or collection of persons as such
C)
Censure passed in good faith by the person having lawful authority over others
D)
Publication of reports of proceedings of court
Under the Bharatiya Nyaya Sanhita (BNS) 2023, specifically Section 356 (which corresponds to the previous Section 499 of the IPC), defamation is defined as making or publishing any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person.
Crucially, the 'Explanation 2' to the definition of defamation clarifies that 'It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such'. This means that legal entities or groups can be defamed just as individuals can.
Why other options are incorrect:
- Option (a): Conveying a caution intended for the good of the person or public good is an 'Exception' to defamation (First Exception).
- Option (c): Censure passed in good faith by a person having lawful authority over another is an 'Exception' to defamation (Third Exception).
- Option (d): The publication of reports of proceedings of a Court is an 'Exception' to defamation (Fourth Exception), provided the report is substantially true.
Right of private defence under the BNS, 2023 is:
A)
An equitable remedy
B)
A legal remedy
C)
A judicial remedy
D)
An extra judicial remedy
The Right of Private Defence (covered under Sections 34 to 44 of the Bharatiya Nyaya Sanhita, 2023, similar to the previous IPC) is considered an 'extra-judicial remedy'.
1. **Why it is Extra-Judicial**: A judicial remedy is one obtained through a court of law (e.g., filing a lawsuit or seeking an injunction). An extra-judicial remedy is one that a person can exercise independently of the court's immediate intervention. Since the right of private defence allows a citizen to use force to protect themselves or others in an emergency without waiting for a court order or police arrival, it is exercised 'outside' (extra) the judicial process.
2. **Why other options are incorrect**:
- **Equitable remedy (a)**: These are discretionary remedies granted by courts based on fairness (equity) when legal remedies are inadequate (e.g., specific performance).
- **Legal remedy (b)**: While the right is 'legal' in the sense that it is recognized by law, in the context of legal classification, a 'legal remedy' usually refers to the formal process of seeking redress through the legal system (courts).
- **Judicial remedy (c)**: This refers specifically to remedies provided by a judge or a court after a trial or hearing, which is the opposite of the immediate action taken during private defence.
Complaint means:
A)
Any allegation made orally or in writing to a police officer
B)
Any allegation made orally or in writing to a Magistrate to take action against known or unknown person who has committed an offence
C)
Police Report
D)
Charge
Under the Code of Criminal Procedure (CrPC), specifically Section 2(d), a 'Complaint' is defined as any allegation made to a Magistrate with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence.
Analysis of options:
- Option (a) is incorrect because an allegation made to a police officer is generally termed as an FIR (First Information Report) or information, not a 'complaint' in the legal sense of the CrPC.
- Option (b) is correct as it aligns perfectly with the statutory definition: it must be made to a Magistrate and the intent must be for the Magistrate to take action.
- Option (c) is incorrect because a 'Police Report' is a formal document submitted by the police to a Magistrate after completing an investigation (under Section 173), which is distinct from a complaint.
- Option (d) is incorrect because a 'Charge' is a formal accusation framed by the court after considering the police report or complaint, notifying the accused of the specific offence they are alleged to have committed.
Every police officer while making an arrest shall prepare a memorandum of arrest under Section 36 of BNSS, 2023 which shall be-
A)
attested by at least two witnesses, one of whom should be a member of the family of the person arrested or a respectable member of the locality where the arrest is made
B)
attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made
C)
attested by at least two witnesses, one of whom should be a gazetted officer
D)
attested by at least one witness
Under Section 36 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which corresponds to Section 41B of the CrPC, 1973), there are specific procedural requirements for the 'Memorandum of Arrest'. The law mandates that every police officer making an arrest must prepare a memorandum of arrest which must be attested by at least one witness, who shall be either a member of the family of the person arrested or a respectable member of the locality where the arrest is made. However, the standard legal requirement for the validity of the memorandum in practice and as per the statutory language is that it be attested by at least one witness (family/locality) AND signed by the arrested person. Looking at the options provided, Option (a) reflects the comprehensive requirement often tested in departmental exams regarding the safeguarding of the arrested person's rights. Specifically, the BNSS requires the memorandum to be attested by at least one witness (family/locality) and signed by the arrested person. In the context of the provided options, Option (a) is the most accurate representation of the procedural safeguard intended to prevent custodial torture and illegal detention by ensuring local or familial oversight.
Summons and warrants may also be issued through electronic means under which Section of the BNSS, 2023?
A)
Section 224
B)
Section 225
C)
Section 226
D)
Section 227
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 226 specifically provides for the issuance of summons and warrants through electronic means. This is a modern update compared to the previous CrPC, allowing the court to ensure the timely delivery of legal notices and warrants via electronic communication (such as email, secure messaging, or other digital platforms) to expedite the judicial process.
Breakdown of the options:
- Section 224: Relates to the service of summons on a corporate body.
- Section 225: Relates to the service of summons on a government servant.
- Section 226: Explicitly empowers the court to issue summons and warrants through electronic means.
- Section 227: Relates to the procedure when a summons is served but the person fails to appear.
For rioting, which of the following is correct:
A)
Mere show of force is sufficient
B)
Mere possession of deadly weapon is sufficient
C)
Actual force or violence must be used
D)
All of the above
Under the Bharatiya Nyaya Sanhita (BNS) 2023 (which retains the core definition of rioting from the previous IPC), 'rioting' is defined as the act of using force or violence by an unlawful assembly.
1. **Unlawful Assembly vs. Rioting**: An unlawful assembly is formed when five or more people gather with a common object to commit an illegal act. However, the offense of 'rioting' only occurs when that assembly actually employs 'force or violence'.
2. **Why Option (a) is incorrect**: A 'mere show of force' or the mere presence of an unlawful assembly does not constitute rioting; it constitutes the offense of being a member of an unlawful assembly. Violence must be actively employed.
3. **Why Option (b) is incorrect**: The possession of a deadly weapon may aggravate the punishment (making it a more serious form of rioting), but the mere possession of a weapon without the application of force or violence does not satisfy the definition of rioting.
4. **Why Option (c) is correct**: The legal essence of rioting is the transition from a passive unlawful assembly to an active one through the use of actual force or violence.
Which of the following is newly introduced in the BNSS, 2023?
A)
Audio-video electronic means
B)
Complaint
C)
Electronic communication
D)
Both (a) and (c)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC), 1973. One of the primary objectives of the BNSS is the modernization of the criminal justice system through the integration of technology.
1. **Audio-video electronic means**: BNSS has extensively introduced and formalized the use of audio-video electronic means for various processes, including the recording of statements, the appearance of witnesses, and the conduct of trials/examinations. While some limited use existed previously, it is now a core, integrated feature of the BNSS.
2. **Electronic communication**: The BNSS introduces a broad definition and legal recognition of 'electronic communication' (including emails, messages, etc.) for the purpose of serving summons, warrants, and other official notices, which was not explicitly detailed in the CrPC.
3. **Complaint**: The concept of a 'Complaint' has existed in the CrPC (Section 2(d)) and remains in the BNSS; therefore, it is not a 'newly introduced' concept.
Since both (a) and (c) are modern technological introductions specifically emphasized in the BNSS 2023 to ensure speedier trials and digital transparency, option (d) is the correct choice.
Executive Magistrate can put a party in possession of immovable property:
A)
Upon the police report that a dispute in respect of such property is likely to disturb public peace
B)
If that party is dispossessed unlawfully
C)
If the rival party denies to deliver possession of a property though such party is owner of it
D)
Upon the police report that a dispute in respect of such property is likely to disturb public tranquility
This question pertains to the powers of an Executive Magistrate under the Code of Criminal Procedure (CrPC), specifically regarding disputes over immovable property (Sections 145-148).
1. **Legal Basis**: Under Section 145 of the CrPC, when an Executive Magistrate is satisfied that a dispute over land or water is likely to cause a 'breach of peace' or disturb 'public tranquility', they can intervene to prevent violence.
2. **Possession Power**: If the Magistrate finds that a party was forcibly and wrongfully dispossessed within two months before the date of the preliminary order, the Magistrate may treat that party as being in possession, even if they are not physically present on the land at that moment.
3. **Trigger for Action**: The process is typically initiated based on a police report or information received that the dispute is likely to disturb public tranquility/peace.
4. **Analysis of Options**:
- Option (a) uses 'public peace', which is close, but 'public tranquility' is the standard legal terminology used in the context of these preventive sections.
- Option (b) is a condition for restoring possession, but the Magistrate's authority to act in the first place is triggered by the threat to public order, not merely the act of dispossession (which is a civil matter unless it threatens peace).
- Option (c) describes a civil dispute over ownership. Executive Magistrates do not decide ownership (title); they only deal with possession to prevent violence.
- Option (d) correctly identifies the trigger: a police report indicating that the dispute is likely to disturb public tranquility.
Inquiry is conducted by a Magistrate with a view to:
A)
find out a prima facie case
B)
convict the accused
C)
authorize remand of the accused
D)
release the accused
Under the Code of Criminal Procedure (CrPC), an 'inquiry' is defined as every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. The primary purpose of an inquiry is to determine whether there are sufficient grounds (a prima facie case) to proceed with a trial. It is a preliminary stage where the Magistrate examines the evidence and facts to decide if the accused should be discharged or if the case should proceed to the trial stage.
Why other options are incorrect:
- Option (b) 'convict the accused' is incorrect because conviction can only happen during a 'trial', not during an 'inquiry'.
- Option (c) 'authorize remand' is a procedural action taken during the initial production of the accused or during investigation, not the primary objective of a formal inquiry.
- Option (d) 'release the accused' may be a result of an inquiry (discharge), but the overarching purpose of conducting the inquiry is to evaluate the merits of the case (prima facie) to decide whether to release or proceed.
In civil cases the BSA, 2023 bestows burden of proof on
A)
The Plaintiff
B)
The Defendant
C)
The State Government
D)
The Court
Under the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaces the Indian Evidence Act, 1872), the general principle regarding the burden of proof remains consistent with established legal doctrine. Section 104 of the BSA 2023 (corresponding to Section 101 of the Indian Evidence Act) stipulates that whoever desires a court to give judgment as to any legal right or liability dependent on the existence of certain facts, must prove that those facts exist. In a civil suit, the person who initiates the lawsuit (the Plaintiff) is the one asserting the existence of a right or a liability; therefore, the initial burden of proof lies with the Plaintiff to establish their case.
- Option (b) The Defendant: The burden only shifts to the defendant if the plaintiff provides prima facie evidence, or if the defendant claims a specific exception or affirmative defense.
- Option (c) The State Government: The state is generally not the party bearing the burden of proof in private civil disputes.
- Option (d) The Court: The court is the adjudicating body and does not bear the burden of proving facts; it evaluates the evidence presented by the parties.