Malaysia legislation
Section 77
Section 77
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 provided in the Syariah Criminal Offences (Federal
Syariah Court Evidence (Federal Territories) 51
Territories) Act 1997 [Act 559] is upon him, and the Court shall presume the absence of those circumstances.
(a)
A is accused of unlawful cohabitation with B.
The prosecution produces evidence to show that A had divorced his wife B.
A claims that he was forced to divorce his wife.
The burden of proving that he was forced lies on A.
(b)
C is accused of committing unlawful sexual intercourse with D.
C claims that he had already married D in a foreign country.
The burden of proving that such marriage took place lies on C.
Burden of proving fact especially within knowledge