Indian Evidence Act, 1872 → Bharatiya Sakshya Adhiniyam, 2023
IEA 105BSA 108
Burden of proving that case of accused comes within exceptions
Canonical: https://www.vakilpedia.com/iea-105-to-bsa
What changed
- The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
Drafting-ready
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 105 of the Indian Evidence Act, 1872)...
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.
Frequently asked
What is IEA 105 equivalent in BSA?
IEA Section 105 (Burden of proving that case of accused comes within exceptions) corresponds to Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between IEA 105 and BSA 108?
The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
How do I cite BSA 108 in a pleading?
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 105 of the Indian Evidence Act, 1872)...
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Open the converterNearby IEA sections
- IEA 100 → BSA 103 — Saving of provisions of Indian Succession Act relating to wills
- IEA 101 → BSA 104 — Burden of proof
- IEA 102 → BSA 105 — On whom burden of proof lies
- IEA 103 → BSA 106 — Burden of proof as to particular fact
- IEA 104 → BSA 107 — Burden of proving fact to be proved to make evidence admissible
- IEA 106 → BSA 109 — Burden of proving fact especially within knowledge
- IEA 107 → BSA 110 — Burden of proving death of person known to have been alive within thirty years
- IEA 108 → BSA 111 — Burden of proving that person is alive who has not been heard of for seven years
- IEA 109 → BSA 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- IEA 110 → BSA 113 — Burden of proof as to ownership