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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Meera is prosecuted for causing grievous hurt. She says that she acted under grave and sudden provocation, which is a recognised exception in the Bharatiya Nyaya Sanhita, 2023. Who must prove that the circumstances bringing the case within the exception existed?

Meera must prove it. Section 108 puts on the accused the burden of proving circumstances that bring the case within an exception, and the Court presumes those circumstances are absent. The prosecution is not required to disprove the exception unless the accused first establishes it.

  1. AThe prosecution, which must disprove the exception beyond doubt in every case
  2. BMeera, as the Court shall presume the absence of such circumstancesCorrect
  3. CThe complainant, because he alleges the offence
  4. DNobody, since the Court decides it on its own inquiry

Explanation

Section 108 states that an accused who claims a General Exception or special exception or proviso must prove the circumstances bringing the case within it, and the Court shall presume that they are absent. Hence the burden is on Meera. The prosecution option is wrong because the Section expressly shifts this burden to the accused.

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