Section 105State of Jammu-Kashmir Act
Section 105: Burden of proving that case of accused comes within exceptions
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 Ranbir Penal code, or within any special exception or proviso contained in any other part of the same Court, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.Illustration(a)
A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.(b)
A, accused of murder, alleges that, by grave and sudden, provocation, he was deprived of the power of self control.(c)
Section 325 of the Ranbir Penal Code provides that whoever, except in the case provided for by section 334, voluntarily causes grievous hurt, shall be subject to certain punishments.Previous
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