IEA Section 105 — Burden of proving that case of accused comes within exceptions

Summary

If a person is accused of a crime, it is up to that person to prove that their situation falls under a legal exception that would excuse or reduce the offence. The court will start with the assumption that no such exception applies.

Official Text

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.

Related Judgments

• MARIAPPAN vs STATE OF TAMIL NADU — Supreme Court of India (2013)
• PARTAP vs THE STATE OF U.P — Supreme Court of India (1975)
• PREM SINGH vs STATE OF NCT OF DELHI — Supreme Court of India (2023)
• PAUL vs STATE OF KERALA — Supreme Court of India (2020)
• RUPESH MANGER (THAPA) vs STATE OF SIKKIM — Supreme Court of India (2023)

Old <-> New Code Mapping

• BSA §108 — Burden of proving that case of accused comes within exceptions