Question

What do you mean by 'onus probandi'?

• A. Burden of proof which places the responsibility on the party making an affirmative claim to substantiate it with evidence.
• B. The fact to be proved or the ultimate fact that needs to be established in a legal case.
• C. The prosecution in a criminal case must prove beyond a reasonable doubt both the act and the guilty mind.
• D. Actual evidence, documents, or witnesses presented to substantiate a claim.

Hint:

A simple way to remember this maxim is: ``Onus'' = Burden ``Probandi'' = To Prove Therefore, Onus Probandi means the legal burden of proving a claim before a court of law.

Answer 1

The Correct Option is A

Step 1: Break the phrase.
"Onus probandi" is a Latin maxim. "Onus" means burden and "probandi" means of proving. Together it means burden of proof.

Step 2: Understand the rule.
The person who makes a claim must prove it with evidence. The court does not accept a claim just because someone says it.

Step 3: See how it works.
If a person claims to own land, that person must show sale deeds or records. In a criminal case, the prosecution must prove the guilt.

Step 4: Match Option A.
Option A says it is the burden of proof placed on the party making an affirmative claim. This is exactly what onus probandi means.

Step 5: Rule out the others.
Option B is the fact in issue. Option C is the standard of proof in criminal cases. Option D is the actual evidence. None of these define onus probandi.

Step 6: Final answer.
Onus probandi means burden of proof.
\[ \boxed{\text{Burden of proof which places the responsibility on the party making an affirmative claim to substantiate it with evidence.}} \]