Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter VII · Burden of Proof
105. Burden of proving that case of accused comes within exceptions
Feedback & supportWhen 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 Penal Code, 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 those circumstances.
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
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.
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.
Section 325 of the Penal Code 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.