Syariah Courts Evidence Order, 2001 · s 94

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94. 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 any law, or within any special exception or proviso contained in any law, is upon him, and the Court shall presume the absence of such circumstances.·
Illustrations
{a}
A is accused of unlawful cohabitation with B. The prosecution produces evidence to show that A had divorced his wife B.
A claims that he was forced to divorce his wife.
The burden of proving that he was forced lies on A.
(b) Cis accused of committing unlawful sexual intercourse with D.
C claims that he had already been married to D in a foreign country.
The burden of proving that such marriage took place lies on C.
{c) 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.
{d)
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.
Burden of proving fact especially within knowledge.

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s 94

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 any law, or within any special exception or proviso contained in any law, is upon him, and the Court shall presume the absence of such circumstances.·

Illustrations

{a}

A is accused of unlawful cohabitation with B. The prosecution produces evidence to show that A had divorced his wife B.

A claims that he was forced to divorce his wife.

The burden of proving that he was forced lies on A.

(b)

Cis accused of committing unlawful sexual intercourse with D.

C claims that he had already been married to D in a foreign country.

The burden of proving that such marriage took place lies on C.

{c) 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.

{d)

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.

Burden of proving fact especially within knowledge.