Burden of proving that case of accused comes within exceptions
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Summary
When an accused relies on facts that would bring their act within any General Exception, a special exception, or a proviso in the criminal law, the accused must prove those facts. The court will presume such exceptional circumstances do not exist until the accused proves them. This rule applies wherever exceptions appear in the penal code or the law defining the offence.
Example
Priya is accused of voluntarily causing grievous hurt but says she acted because of grave and sudden provocation. The burden is on Priya to prove that provocation. The court will assume no such provocation occurred unless Priya proves it.
Bare Act
Enacted textWhen 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.
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(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.
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(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.
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(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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