Lawgist105Burden of proving that case of accused comes within exceptions
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (45 of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.
Illustration
(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.
The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control.
The burden of proof is on A.
(c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments.
A is charged with voluntarily causing grievous hurt under section 325.
The burden of proving the circumstances bringing the case under section 335 lies on A.
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- 101 Burden of proof
- 102 On whom burden of proof lies
- 103 Burden of proof as to particular fact
- 104 Burden of proving fact to be proved to make evidence admissible
- 105 Burden of proving that case of accused comes within exceptions
- 106 Burden of proving fact especially within knowledge
- 107 Burden of proving death of person known to have been alive within thirty years
- 108 Burden of proving that person is alive who has not been heard of for seven years
- 109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110 Burden of proof as to ownership
- 111 Proof of good faith in transactions where one party is in relation of active confidence
- 111A Presumption as to certain offences
- 112 Birth during marriage, conclusive proof of legitimacy
- 113 Proof of cession of territory
- 113A Presumption as to abetment of suicide by a married woman
- 113B Presumption as to dowry death
- 114 Court may presume existence of certain facts
- 114A Presumption as to absence of consent in certain prosecution for rap
