Correct Answer:
B. He must prove lawful authority, permit, or licence when prohibited from an act
The burden of proof generally lies with the prosecution in criminal cases. However, a crucial exception arises when an accused person claims a specific defense or justification, such as possessing a lawful authority, permit, or license for an act that is otherwise prohibited. In such instances, the burden shifts to the accused to prove that they indeed had the necessary legal authorization. This principle ensures that individuals cannot simply claim an exception without substantiating it.
- A: Govt claims so is too vague and not a legal principle for shifting the burden.
- C: In every case is incorrect, as the general rule is the opposite.
- D: In appeals refers to a different stage of legal proceedings, not the initial burden of proof.