A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the…
Section 108 places on the accused the burden of proving circumstances bringing his case within the General Exceptions of the BNS, and directs the Court to presume their…
Choose your answer
A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. On whom is the burden of proving this?
Answer and explanation
Correct answer B
Section 108 places on the accused the burden of proving circumstances bringing his case within the General Exceptions of the BNS, and directs the Court to presume their absence. Illustration (a) to section 108 says the burden of proving unsoundness of mind is on A, so the answer is "On A". The presumption runs against the exception, not in its favour.
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