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In a criminal case when an accused person raises the plea of alibi, burden of proof lies _______ to…

The accused who relies on an alibi bears the burden of proving the particular fact that he was elsewhere. The illustration to section 106 of the Bharatiya Sakshya Adhiniyam,…

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In a criminal case when an accused person raises the plea of alibi, burden of proof lies _______ to prove it as per the provisions of the Bharatiya Sakshya Adhiniyam, 2023.

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The accused who relies on an alibi bears the burden of proving the particular fact that he was elsewhere. The illustration to section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 103 of the Indian Evidence Act, 1872) expressly uses that example. The prosecution still bears its general burden of establishing the offence; the alibi rule concerns the additional fact asserted by the accused.

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