Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 108: Burden of proving that case of accused comes within exceptions
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.
Brefe Detail
Section 108 of the Bhartiya Sakshya Adhiniyam, 2023, outlines the burden of proof for an accused individual regarding exceptions to legal offences. It establishes that when a person is accused of a crime, they must prove any circumstances that may exempt them from liability under specific exceptions defined in the Bharatiya Nyaya Sanhita, 2023. The court presumes that these exceptions do not exist unless proven otherwise.
Question & Answers
What does Section 108 of the Bhartiya Sakshya Adhiniyam, 2023 state?
It states that the burden of proving circumstances that bring a case within any exceptions lies with the accused.
What must the accused prove when claiming unsoundness of mind?
The accused must prove that, due to unsoundness of mind, they did not know the nature of the act.
In the case of grave and sudden provocation, what is the burden on the accused?
The accused must prove that they were deprived of self-control due to grave and sudden provocation.
What does Section 117 of the Bharatiya Nyaya Sanhita, 2023 specify about grievous hurt?
It specifies that those who voluntarily cause grievous hurt are subject to certain punishments, and the burden of proof for exceptions lies with the accused.
Example
Example of Unsoundness of Mind:
If A claims they did not understand the nature of their actions due to unsoundness of mind when committing a crime, A must provide evidence supporting this claim.
Example of Grave Provocation:
If A asserts that they were provoked to commit murder due to a sudden outburst, A is responsible for demonstrating the provocation occurred.
Example regarding Grievous Hurt:
A is charged under Section 117 for causing grievous hurt. To argue for reduced liability under Section 122, A must prove the relevant circumstances that apply.
Summary
Section 108 of the Bhartiya Sakshya Adhiniyam, 2023, emphasizes that the burden of proof rests on the accused when claiming exceptions to offences. This section ensures that the court presumes the absence of such circumstances unless the accused can substantiate their claims with evidence, thus maintaining the integrity of the judicial process.
