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Section 105 of Indian Evidence Act, 1872

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Section 105 of Indian Evidence Act, 1872 deals with Burden of proving that case of accused comes within exceptions

From the Act

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 in the Indian Penal Code, (45 of 1860) or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.


(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.

The burden of proof is on A.

(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control.

The burden of proof is on A.

(c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments.

A is charged with voluntarily causing grievous hurt under section 325.

The burden of proving the circumstances bringing the case under section 335 lies on A.


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  • Evidence
  • Witness
  • Section 101: Burden of proof
  • Section 102: On whom burden of proof lies
  • Section 103: Burden of proof as to particular fact
  • Section 104: Burden of proving fact to be proved to make evidence admissible
  • Section 106: Burden of proving fact especially within knowledge
  • Section 107: Burden of proving death of person known to have been alive within thirty years
  • Section 108: Burden of proving that person is alive who has not been heard of for seven years
  • Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • Section 110: Burden of proof as to ownership
  • Section 111: Proof of good faith in transactions where one party is in relation of active confidence