Section 108 of BSA : Section 108: Burden of proving that case of accused comes within exceptions.

Explanation using Example

Example 1:

Ravi is accused of theft under the Bharatiya Nyaya Sanhita, 2023. During the trial, Ravi claims that he took the items because he was under duress; specifically, he alleges that a gang threatened to kill him if he did not steal the items. According to Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving that he was under duress (a special exception) lies on Ravi. The court will presume that there was no duress unless Ravi can provide sufficient evidence to prove otherwise.

Example 2:

Sita is charged with causing grievous hurt to her neighbor under Section 117 of the Bharatiya Nyaya Sanhita, 2023. Sita claims that she acted in self-defense because her neighbor attacked her first. According to Section 108, the bu...

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