A is accused of murder and relies on the general exception of unsoundness of mind, alleging that he did…
Section 108 places on "A, the accused" the burden of proving circumstances bringing the case within a general exception in the Bharatiya Nyaya Sanhita or a relevant special…
Choose your answer
A is accused of murder and relies on the general exception of unsoundness of mind, alleging that he did not know the nature of the fatal act. Under BSA section 108, who bears the burden of proving circumstances bringing the case within that exception?
Answer and explanation
Correct answer B
Section 108 places on "A, the accused" the burden of proving circumstances bringing the case within a general exception in the Bharatiya Nyaya Sanhita or a relevant special exception or proviso, and its Illustration (a) expressly uses murder and alleged unsoundness of mind. This burden concerns the exception only; it does not transfer the prosecution's burden of establishing the offence.
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