Section 108 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 108 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 108: Burden of Proving That the Case of the Accused Comes Within Exceptions
Provision:
When a person is accused of any offence, the burden of proving the existence of circumstances that bring 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, lies upon the accused. The court shall presume the absence of such circumstances.(thebharatiyasakshyaadhiniyam.in, lawfyi.io)
Explanation:
In criminal law, certain exceptions or defenses can reduce or eliminate the liability of the accused. These include defenses like unsoundness of mind, grave and sudden provocation, or acts done in self-defense. Section 108 places the burden of proving these exceptions on the accused. This means that if an accused person claims that their actions fall within an exception, they must provide sufficient evidence to support this claim. The court will not assume the existence of these exceptions unless proven by the accused.(thebharatiyasakshyaadhiniyam.in)
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.(myjudix.com)
(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.(thebharatiyasakshyaadhiniyam.in)
(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. A is 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.(mynation.net)
Purpose:
This section ensures that the accused person takes responsibility for proving any exceptions they claim, rather than the prosecution having to disprove them. It maintains the presumption of innocence while also ensuring that defenses are substantiated with evidence.
Example:
If an individual is charged with theft and claims they were acting under duress, Section 108 requires the accused to provide evidence of the threat they faced. The court will not assume duress unless the accused proves it.(kanoongpt.in)
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