Burden of proving that case of accused comes within exceptions.
What this section does
When a person is accused of an offence, the burden of proving circumstances that bring the case within any General Exception under the Bharatiya Nyaya Sanhita, 2023, or any special exception or proviso in any law defining the offence, lies on the accused. The court shall presume the absence of such circumstances unless the accused discharges this burden. This reverses the usual burden with respect to defences and exceptions.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The accused bears the burden of proving any exception, proviso, or special defence under the Bharatiya Nyaya Sanhita, 2023 or the relevant law; the court presumes such circumstances are absent.
When it applies
- A, accused of murder, claims unsoundness of mind — the burden of proving this exception lies on A.
- A, accused of voluntarily causing grievous hurt, claims the benefit of a specific proviso — A must prove the circumstances bringing the case within that proviso.
Practitioner note
Corresponds to the principle in Woolmington v DPP [1935] AC 462 that the prosecution proves guilt, but exceptions are for the accused to establish; affirmed in Indian context by Dahyabhai Chhaganbhai Thakkar v State of Gujarat AIR 1964 SC 1563.
Derived from IEA s.105.
Read the official text
For the binding statutory text of BSA Section 108, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 108 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.