Question

Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, regarding the burden of proof for exceptions and defences, which statement is correct?

Q: Answer-Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, regarding the burden of proof for except...

Section 108 of the BSA provides When any person accused of any offence wishes to bring the case within any general exception under the Bharatiya Nyaya Sanhita, 2023 or any other exception or proviso by which he may be acquitted, the burden of proof lies on such person. This establishes a reverse burden exception to the prosecutions primary burden under Section 101. Once the accused raises a defence e.g., private defence under BNS Section 35, the accused must prove facts establishing that defence. However, the standard is typically preponderance of probabilities balance of probabilities in criminal law, not beyond reasonable doubta lower threshold than the prosecutions burden.

A The prosecution must disprove all defences beyond reasonable doubt before any conviction

B Defences need not be proved; they merely create reasonable doubt about prosecution's case

C When any person accused of any offence wishes to bring the case within general exceptions (as per Bharatiya Nyaya Sanhita, 2023) or other exceptions/provisos, the burden of proof lies on such person to establish that exception, though the standard of proof may be less stringent than "beyond reasonable doubt"

D Defences must be proved to the same standard as the prosecution's case—beyond reasonable doubt

E The court is obligated to prove exceptions if the accused raises any doubt about them

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Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, regarding the burden of proof for exceptions and defences, which statement is correct?

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