https://www.taxtmi.com/caselaws?id=284161 An accused relying on a general or special exception under the IPC must first establish the exception on a preponderance of probabilities, while the prosecution retains the primary burden of proving guilt beyond reasonable doubt. If the defence evidence, read with the record as a whole, creates reasonable doubt about an essential ingredient of the offence, particularly mens rea, the accused is entitled to the benefit of that doubt. The text distinguishes mere failure to prove the exception from cases where the defence still weakens the prosecution case on guilt. The stated position is that the earlier dictum remains good law, subject to this clarification. en-us Fri, 18 Oct 1968 00:00:00 +0530 Mon, 04 Nov 2019 16:56:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=284161 An accused relying on a general or special exception under the IPC must first establish the exception on a preponderance of probabilities, while the prosecution retains the primary burden of proving guilt beyond reasonable doubt. If the defence evidence, read with the record as a whole, creates reasonable doubt about an essential ingredient of the offence, particularly mens rea, the accused is entitled to the benefit of that doubt. The text distinguishes mere failure to prove the exception from cases where the defence still weakens the prosecution case on guilt. The stated position is that the earlier dictum remains good law, subject to this clarification. Case-Laws Indian Laws Fri, 18 Oct 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=284161