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 burden of proving that she acted in self-defense (a general exception) is on Sita. The court will assume that there was no self-defense unless Sita can provide convincing evidence to support her claim.

Example 3:

Manoj is accused of committing arson. He argues that he was not in control of his actions because he was suffering from a severe mental disorder at the time of the incident. Under Section 108, Manoj must prove that his mental disorder falls under the general exceptions of the Bharatiya Nyaya Sanhita, 2023. The court will initially presume that Manoj was of sound mind unless he can provide medical records or expert testimony to prove his claim.

Example 4:

Priya is charged with voluntarily causing grievous hurt to her colleague. She claims that she acted under a sudden and grave provocation when her colleague insulted her in front of others. According to Section 108, the burden of proving that she acted under sudden and grave provocation (a special exception) lies on Priya. The court will assume that there was no such provocation unless Priya can present evidence, such as witness testimonies, to support her defense.