If an accused takes the plea of his case being covered under any of the 'general exceptions' provided…
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 105 of the Indian Evidence Act, 1872) places the burden of proving a general exception under Chapter…
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If an accused takes the plea of his case being covered under any of the 'general exceptions' provided under Chapter III of the Bharatiya Nyaya Sanhita, 2023, the burden of proof in that case lies
Answer and explanation
Correct answer D
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 105 of the Indian Evidence Act, 1872) places the burden of proving a general exception under Chapter III of the Bharatiya Nyaya Sanhita, 2023 (formerly Chapter IV IPC) on the accused, who discharges it merely on a preponderance of probabilities, so the burden lies "On the accused and he has to discharge the burden on a preponderance of probabilities", not beyond reasonable doubt.
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