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Section 108 - The Bharatiya Sakshya Adhiniyam, 2023
108. Burden 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 Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.
(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 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances bringing the case under sub-section (2) of section 122 lies on A.
Related Sections
- Section 88: Presumption as to certified copies of foreign judicial records
- Section 34: Previous judgments relevant to bar a second suit or trial
- Section 151: Court to decide when question shall be asked and when witness compelled to answer
- Section 4: Relevancy of facts forming part of same transaction
- Section 101: Evidence as to meaning of illegible characters, etc
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- Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
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