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In criminal proceedings the burden of proof is
on the prosecution to prove the guilt of the accused
on the accused to prove his innocence
on both the parties
Court decides on whom the burden of proof lies
- Option 1: On the prosecution to prove the guilt of the accused.
- Correct in most criminal justice systems.
- Fundamental principle that the accused is innocent until proven guilty.
- Prosecution must present enough evidence to convince the judge or jury of the accused's guilt beyond a reasonable doubt.
- Correct Answer
- Option 2: On the accused to prove his innocence.
- Incorrect in standard criminal proceedings.
- Would reverse the burden and negate the presumption of innocence.
- Option 3: On both parties.
- Misleading in the context of criminal law.
- The accused may present a defense, but the primary burden remains with the prosecution.
- Option 4: Court decides on whom the burden of proof lies.
- Oversimplified and generally inaccurate.
- The court does not decide arbitrarily; rules of law place the burden on the prosecution.
By: santosh ProfileResourcesReport error
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