In a trial before a court, X, accused of murder, pleads the general exception of the right of private defence. Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving the existence of circumstances bringing the case within the exception lies on:

Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 105 of the Indian Evidence Act, 1872, provides that 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 of the Bharatiya Nyaya Sanhita, 2023, or within any special exception or proviso, lies upon the accused. X, who asserts the right of private defence, must therefore establish the exception on a preponderance of probabilities, although the prosecution still bears the burden of proving the offence beyond reasonable doubt. The section does not cast the duty of establishing an exception invoked by the accused upon the court, the complainant or the investigating officer, making X the correct answer.