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
(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
(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.
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
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