Section 105 - Indian Evidence Act, 1872

105. 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 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.

Illustrations

(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 o 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.