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.