Burden of proving statutory exceptions rests on accused persons, while courts presume the absence of exception-supporting circumstances. Section 105 places on an accused person the burden of proving circumstances that bring the case within a General Exception, a special exception or proviso ... Summary
Burden of proving statutory exceptions rests on accused persons, while courts presume the absence of exception-supporting circumstances.
Section 105 places on an accused person the burden of proving circumstances that bring the case within a General Exception, a special exception or proviso in the Indian Penal Code, or an exception or proviso contained in a law defining the offence. In the absence of such proof, the court must presume that those circumstances do not exist. The burden applies to each asserted exception.
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