Burden of proof for exceptions: accused must prove circumstances placing conduct within exceptions and court presumes absence. The burden of proof is on an accused to establish that the facts fall within any General Exception, special exception, or proviso in the Bharatiya Nyaya Sanhita, 2023 or in any law defining the offence; the court will presume absence of such circumstances unless proved by the accused.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Burden of proof for exceptions: accused must prove circumstances placing conduct within exceptions and court presumes absence.
The burden of proof is on an accused to establish that the facts fall within any General Exception, special exception, or proviso in the Bharatiya Nyaya Sanhita, 2023 or in any law defining the offence; the court will presume absence of such circumstances unless proved by the accused.
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