BSA Section 108: Burden of proving that case of accused comes within exceptions
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 7: Of the Burden of Proof
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¶108. 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 Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.
¶Illustrations.
(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A.
¶(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. The burden of proof is on A.
¶(c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances bringing the case under sub-section (2) of section 122 lies on A.
Study: explanations and related material
Replaces IEA 105. IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 104. Burden of proof
- 105. On whom burden of proof lies
- 106. Burden of proof as to particular fact
- 107. Burden of proving fact to be proved to make evidence admissible
- 109. Burden of proving fact especially within knowledge
- 110. Burden of proving death of person known to have been alive within thirty years
- 111. Burden of proving that person is alive who has not been heard of for seven years
- 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113. Burden of proof as to ownership
- 114. Proof of good faith in transactions where one party is in relation of active confidence
- 115. Presumption as to certain offences
- 116. Birth during marriage, conclusive proof of legitimacy
- 117. Presumption as to abetment of suicide by a married woman
- 118. Presumption as to dowry death
- 119. Court may presume existence of certain facts
- 120. Presumption as to absence of consent in certain prosecution for rape