BSA §108
When a person is accused of any offence, the burden of proving.
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105. Burden of proving that case of accused comes within exceptions. ––When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (45 of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. 1. See, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b). The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.
108. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Burden of proof. On whom burden of proof lies. Burden of proof as to particular fact. Burden of proving fact to be proved to make evidence admissible. Burden of proving that case of accused comes within exceptions. Illustrations. (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. The burden of proof is on A. (c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case provided for by sub-section
(2) of section 122, voluntarily causes grievous hurt, shall be subject to certain punishments.Ais charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances bringing the case under sub-section
(2) of section 122 lies on A.
What changedAI-inferred
Burden of proving that case of accused comes within exceptions.
Old position
IEA 105 is concerned with Burden of proving that case of accused comes within exceptions. 6. Burden of proving that case of accused comes within exceptions
New position
BSA 108 preserves the framework with drafting modernisations as required by the new code. Topic: When a person is accused of any offence, the burden of proving.. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained
BSA 108 (When a person is accused of any offence, the burden of proving.) preserves the framework of IEA 105. BSA 108 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 108 text: When a person is...
Editorial deltaAI-indicated (source-linked)
BSA 108 (When a person is accused of any offence, the burden of proving.) preserves the framework of IEA 105. BSA 108 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 108 text: When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 105 continues to apply. For matters from that date forward, BSA 108 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 108 (When a person is accused of any offence, the burden of proving.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §105 → BSA §108 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/108.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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