Question

What do you mean by 'onus probandi'?

• A. Actual evidence, documents, or witnesses presented to substantiate that claim.
• B. "The fact to be proved" or the "ultimate fact" that needs to be established in a legal case, such as the core elements of a crime or a cause of action.
• C. 'Burden of proof' which places the responsibility on the party making an affirmative claim to substantiate it with evidence.
• D. The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute.

Hint:

"Onus Probandi" = Burden of Proof. If you allege it, you must prove it—this is the fundamental rule of evidence in both civil and criminal law.

Answer 1

The Correct Option is C

Step 1: Understand the Latin phrase.
The question asks the meaning of onus probandi. This is a Latin legal maxim. Let us break it down simply.

Step 2: Translate the words.
Onus means burden or load. Probandi means of proving. So put together, onus probandi literally means the burden of proof.

Step 3: What does burden of proof mean in court?
It means the duty placed on a party to prove the facts they claim. If you say something is true, you must bring evidence to convince the court.

Step 4: Check option A.
Option A talks about actual evidence, documents, or witnesses. That describes proof itself, not the duty or burden to prove. So A is not the right definition.

Step 5: Check options B and D.
Option B describes the fact to be proved (the factum probandum), which is a different idea. Option D describes the standard of proof in criminal cases (beyond reasonable doubt and mens rea). Neither defines onus itself. So B and D are wrong.

Step 6: Why option C is correct.
Option C says burden of proof which places the responsibility on the party making a claim to back it with evidence. That is the exact meaning of onus probandi.

Step 7: Final answer.
Onus probandi is simply the burden of proof.
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