What is Burden of proving that case of accused comes within exceptions? What is Burden of proving fact especially within knowledge? Section 105 and 106 of Indian Evidence Act 1872

Burden of proving that case of accused comes within exceptions and Burden of proving fact especially within knowledge are defined under section 105 and 106 of Indian Evidence Act 1872. Provisions under these sections are:

Section 105 of Evidence Act "Burden of proving that case of accused comes within exceptions"

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 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 o 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.

Section 106 of Evidence Act "Burden of proving fact especially within knowledge"

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustrations

(a) when a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with traveling on a railway without a ticket. The burden of proving that he had a ticket is on him.

Indian Evidence Act 1872

What is Evidence of terms of contracts, grants and other dispositions of property reduced to form of document? Section 91 of Indian Evidence Act 1872

What is Exclusion of evidence of oral agreement? Section 92 of Indian Evidence Act 1872

What is Exclusion of evidence to explain or amend ambiguous document? What is Exclusion of evidence against application of document to existing facts? Section 93 and 94 of Indian Evidence Act 1872

What is Evidence as to document unmeaning in reference to existing facts? What is Evidence as to application of language which can apply to one only of several persons? Section 95 and 96 of Indian Evidence Act 1872

What is Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies? Evidence as to meaning of illegible characters, etc? Section 97 and 98 of Indian Evidence Act 1872

Who may give evidence of agreement varying terms of document? What is Saving of provisions of Indian Succession Act, relating to wills? Section 96 and 100 of Indian Evidence Act 1872

What is Burden of proof? On whom burden of proof lies? Section 101 and 102 of Indian Evidence Act 1872

What is Burden of proof as to particular fact? Is Burden of proving fact to be proved to make evidence admissible? Section 103 and 104 of Indian Evidence Act 1872

What is Burden of proving that case of accused comes within exceptions? What is Burden of proving fact especially within knowledge? Section 105 and 106 of Indian Evidence Act 1872

What is Burden of proving death of person known to have been alive within thirty years Burden of proving that person is alive who has not been heard of for seven years? Section 107 and 108 of Indian Evidence Act 1872

What is Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent? Who has Burden of proof as to ownership? Section 109 and 110 of Indian Evidence Act 1872

 

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