Question

When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is

• A. Upon that person who conceive such intention.
• B. Not upon that person who conceive such intention.
• C. Upon prosecution irrespective to the fact who conceived such intention.
• D. Not clear under the provisions of the Indian Evidence Act, 1872.
• A. Presumption of guilty
• B. Presumption of innocence
• C. Mix Presumption
• D. No presumption
• A. Partially established
• B. Fully established
• C. Reasonably established
• D. Initially established
• A. Does not leave any reasonable ground for a conclusion consistent with the innocence of the accused.
• B. Does not leave any reasonable ground for a conclusion inconsistent with the innocence of the accused
• C. Must be such as to show that within all human probability the act must have been done by the accused.
• D. Both (A) and (C).
• A. Common
• B. Reasonable
• C. Dominant
• D. Minimum
• A. Section 104
• B. Section 105
• C. Section 106
• D. Section 107

Answer 1

The Correct Option is A

In legal cases involving circumstantial evidence, it is essential that the evidence fully supports the conclusion of guilt, and all the established facts should align solely with the hypothesis of the accused's guilt. The circumstances must be such that they exclude all other hypotheses except the one being proven. Essentially, there must be a comprehensive chain of evidence that leaves no room for any conclusion other than guilt and demonstrates that the act was committed by the accused beyond reasonable doubt.

In the context of the question, if an individual acts with an intention different from what the act's nature and circumstances suggest, the Indian Evidence Act, 1872, places the burden of proving this different intention on the individual who conceived it. This is consistent with the principle that whoever asserts a fact must prove it, particularly when their assertion deviates from the apparent circumstances.

The correct answer is: Upon that person who conceive such intention.

Answer 2

In criminal cases, a fundamental principle is the "Presumption of Innocence." This principle ensures that a defendant is considered innocent until proven guilty. When there is a conflict between the presumption of innocence and other presumptions, the presumption of innocence should prevail.

In instances of circumstantial evidence, the circumstances must be conclusively established and consistent solely with the guilt of the accused. The evidence must form a complete chain, leaving no reasonable hypothesis other than guilt. This upholds the presumption of innocence, requiring proof beyond a reasonable doubt.

Therefore, the correct answer in a situation of conflicting presumptions is Presumption of innocence.

Answer 3

In legal cases relying on circumstantial evidence, it is essential that the circumstances from which the conclusion of guilt is to be inferred are fully established. This means that for a conviction based solely on circumstantial evidence, the following must be true:

• Complete Establishment: Every circumstance presented must be thoroughly proven as an undeniable fact.
• Consistency: These established facts must align solely with the hypothesis of the accused's guilt.
• Exclusivity: The circumstances should effectively rule out any alternative explanations other than the guilt of the accused.
• Conclusive Nature: The evidence should form a comprehensive and unbroken chain that excludes any reasonable doubt of innocence.

Conclusively, all evidence should point unequivocally to the accused, implying that the act in question was committed by them within all human probability. Thus, among the given options, the circumstances should be fully established to ensure a just conclusion of guilt.

Answer 4

In legal studies, the admissibility of circumstantial evidence against the accused hinges on the completeness of the chain of evidence. Here are the critical components required:

1. The evidence must not leave any reasonable ground for a conclusion consistent with the innocence of the accused. This means that all facts presented should lead towards the guilt of the accused without allowing alternative interpretations that suggest innocence.

2. The circumstances must show that within all human probability, the act must have been done by the accused. This implies that the evidence must decisively indicate the accused's involvement in the act.

Considering these components, the correct answer is:

Both (A) and (C).

Answer 5

In legal cases where the prosecution relies solely on circumstantial evidence to prove a murder charge, the role of the presumption of innocence is crucial. To convict an accused based on such evidence, the evidence must form a complete and conclusive chain, leaving no reasonable doubt regarding the innocence of the accused. This requires the presumption of innocence to play a 'dominant' role. The established facts must point unequivocally to the guilt of the accused and align only with that hypothesis, excluding any possibility of innocence. Therefore, the correct term indicating the role of the presumption of innocence in this context is "Dominant".

Answer 6

In the Indian Evidence Act, 1872, the provision that deals with the burden of proving that the case of the accused comes within the general exceptions of the Indian Penal Code, 1860, is specified in Section 105. This section places the burden of proof on the accused to show that their case falls within any exception to criminal liability. This is a deviation from the general rule where the burden of proving guilt lies with the prosecution. Section 105 states that when a person is accused of any offense, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Indian Penal Code is upon the accused, and the court shall presume the absence of such circumstances. Therefore, the correct answer is Section 105, which clearly outlines the shift in the burden of proof to the accused in such scenarios.