Burden of proving that case of accused comes within exceptions
AI Assist
Summary
If an accused says their act falls under any General Exception in the IPC or under a special exception or proviso in another offence-law, the accused must prove those circumstances. The court will assume such exceptional circumstances are absent unless the accused adduces evidence to the contrary.
Example
Rohan is accused of stabbing a neighbour and claims he was deprived of self-control by grave and sudden provocation. Because he pleads the exception, Rohan must produce evidence to prove the provocation; the court will otherwise presume there was no provocation.
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 Indian Penal Code, (45 of 1860) 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 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 325 of the Indian Penal Code (45 of 1860), 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.
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