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.
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 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.
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