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    Question

    Under Section 108 of the Bharatiya Sakshya Adhiniyam,

    2023, regarding the burden of proof for exceptions and defences, which statement is correct?
    A The prosecution must disprove all defences beyond reasonable doubt before any conviction Correct Answer Incorrect Answer
    B Defences need not be proved; they merely create reasonable doubt about prosecution's case Correct Answer Incorrect Answer
    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" Correct Answer Incorrect Answer
    D Defences must be proved to the same standard as the prosecution's case—beyond reasonable doubt Correct Answer Incorrect Answer
    E The court is obligated to prove exceptions if the accused raises any doubt about them Correct Answer Incorrect Answer

    Solution

     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 prosecution's 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 doubt"—a lower threshold than the prosecution's burden.

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