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of <h1>Accused Must Prove Exceptions Under Section 108 of Bharatiya Nyaya Sanhita, 2023; Burden of Proof on Defense</h1> Section 108 of the Bharatiya Nyaya Sanhita, 2023, specifies that when an individual is accused of an offense, the responsibility to prove circumstances that place the case within any general or special exceptions lies with the accused. The court assumes the absence of such circumstances unless proven otherwise. For instance, if an accused claims unsoundness of mind or provocation as a defense, they must substantiate this claim. Similarly, if charged under Section 117 for grievous hurt, the accused must prove applicability of exceptions under Section 122(2).
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