Section 108 BSA: sub-section (2) of section 122 lies on A
Official statutory evidence provision under the Bharatiya Sakshya Adhiniyam, 2023.
Official Statutory Wording (100% Legally Correct)
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. Burden of proof. On whom burden of proof lies. Burden of proof as to particular fact. Burden of proving fact to be proved to make evidence admissible. Burden of proving that case of accused comes within exceptions. 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.Ais charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances bringing the case under
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 108 of the BSA.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. Electronic records must be certified under Section 63 BSA to be legally admissible in criminal or civil court trials.