In force2014 Revised EditionCurrent version · 2014 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Evidence Act · 2014 Revised Edition · Chapter VII
Evidence Act · 2014 Revised Edition · Chapter VII
Official textFrom Attorney General's Chambers, unchanged
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 Penal Code (Chapter 22), 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.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
Illustrations
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.
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.
Section 325 of the Penal Code (Chapter 22) 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, bring the case under section 335, lies on A.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;