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At a criminal trial, the accused seeks to establish facts bringing the case within a statutory general…

Section 108 places the burden of proving circumstances within a general exception on the accused. Dahyabhai v. State of Gujarat explains that the accused's burden is no…

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At a criminal trial, the accused seeks to establish facts bringing the case within a statutory general exception. What standard applies to that burden under section 108 of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer C

Section 108 places the burden of proving circumstances within a general exception on the accused.

Dahyabhai v. State of Gujarat explains that the accused's burden is no higher than the civil standard, while the prosecution retains its burden to prove the offence beyond reasonable doubt.

Option feedback

Option A

That is the prosecution's standard for proving the charged offence.

Option B

The burden of establishing the exception requires more than an initial showing.

Option C

The accused's burden is no higher than the standard applicable in civil proceedings.

Option D

The civil standard allows the court to decide which account is more probable.

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