108. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 101 Evidence as to meaning of illegible characters, etc
Section 102 Who may give evidence of agreement varying terms of document
Section 103 Saving of provisions of Indian Succession Act relating to wills
Section 105 On whom burden of proof lies
Section 106 Burden of proof as to particular fact
Section 107 Burden of proving fact to be proved to make evidence admissible
Section 108 Burden of proving that case of accused comes within exceptions
Section 109 Burden of proving fact especially within knowledge
Section 110 Burden of proving death of person known to have been alive within thirty years