Bharatiya Sakshya Adhiniyam, 2023
BSA Section 108
Burden of proving that case of accused comes within exceptions
In one line
BSA Section 108 deals with burden of proving that case of accused comes within exceptions and replaces Evidence Act 105.
Bare act text — BSA 108
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.
What changed from the Evidence Act
- Evidence Act 105 → BSA 108: The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
Frequently asked
What was BSA Section 108 in the Evidence Act?
BSA Section 108 (Burden of proving that case of accused comes within exceptions) replaces Section 105 of the Indian Evidence Act, 1872. Evidence Act 105 is now BSA 108.
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- BSA 103 — Saving of provisions of Indian Succession Act relating to wills
- BSA 104 — Burden of proof
- BSA 105 — On whom burden of proof lies
- BSA 106 — Burden of proof as to particular fact
- BSA 107 — Burden of proving fact to be proved to make evidence admissible
- BSA 109 — Burden of proving fact especially within knowledge
- BSA 110 — Burden of proving death of person known to have been alive within thirty years
- BSA 111 — Burden of proving that person is alive who has not been heard of for seven years
- BSA 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- BSA 113 — Burden of proof as to ownership