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A is charged with murder. A claims that, at the time of the act, unsoundness of mind made A incapable…

Section 22 of the Bharatiya Nyaya Sanhita, 2023 supplies the general exception. Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of establishing its…

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A is charged with murder. A claims that, at the time of the act, unsoundness of mind made A incapable of knowing its nature. Who bears the burden of establishing the circumstances that bring A within this general exception?

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Answer and explanation

Correct answer B

Section 22 of the Bharatiya Nyaya Sanhita, 2023 supplies the general exception. Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of establishing its circumstances on the accused. The prosecution still has to prove the elements of the offence beyond reasonable doubt.

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Option A

The prosecution must prove the elements of murder. The separate burden of establishing the general exception is placed on the accused.

Option B

Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of establishing the exception on the accused.

Option C

Section 108 does not place the burden of establishing this exception on the investigating officer.

Option D

Section 108 places the burden on the accused even when a complainant initiated the case.

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