IEA 105 : Section 105 of the Indian Evidence Act 1872:
Burden of proving that case of accused comes within exceptions.—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. Illustrations
(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. COMMENTS Plea of self-defence When the prosecution has established its case, it is incumbent upon the accused, under section 105 to establish the case of his private defence by showing probability; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad). The burden of establishing the plea of self-defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of material on record; Rizan v. State of Chhattisgarh, AIR 2003 SC 976.
India's Important Case Laws and Landmark Judgments on IEA - Section 105 Indian Evidence Act 1872:
Rishi Kesh Singh And Ors. vs The State on 18 October, 1968 - Allahabad High Court
Parbhoo And Ors. vs Emperor on 16 September, 1941 - Allahabad High Court
Yusuf Sk. And Ors. vs The State on 12 January, 1954 - Calcutta High Court
Vijayee Singh And Ors vs State Of Uttar Pradesh on 20 April, 1990 - Supreme Court of India
Yusuf Sk. And Ors. vs The State on 12 January, 1954 - Calcutta High Court
Aamad @ Kalu Abdulbhai Majothi vs State Of Gujarat on 18 November, 1998 - Gujarat High Court
Indra Bahadur Singh & Others vs State Of U.P. on 18 January, 2010 - Allahabad High Court
Behram Khurshed Pesikaka vs The State Of Bombay on 24 September, 1954 - Supreme Court of India
Friday vs By Adv. Sri.P.V.Kunhikrishnan - Kerala High Court
Burden of proving that case of accused comes within exceptions.—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. Illustrations
(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. COMMENTS Plea of self-defence When the prosecution has established its case, it is incumbent upon the accused, under section 105 to establish the case of his private defence by showing probability; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad). The burden of establishing the plea of self-defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of material on record; Rizan v. State of Chhattisgarh, AIR 2003 SC 976.
India's Important Case Laws and Landmark Judgments on IEA - Section 105 Indian Evidence Act 1872:
Rishi Kesh Singh And Ors. vs The State on 18 October, 1968 - Allahabad High Court
Parbhoo And Ors. vs Emperor on 16 September, 1941 - Allahabad High Court
Yusuf Sk. And Ors. vs The State on 12 January, 1954 - Calcutta High Court
Vijayee Singh And Ors vs State Of Uttar Pradesh on 20 April, 1990 - Supreme Court of India
Yusuf Sk. And Ors. vs The State on 12 January, 1954 - Calcutta High Court
Aamad @ Kalu Abdulbhai Majothi vs State Of Gujarat on 18 November, 1998 - Gujarat High Court
Indra Bahadur Singh & Others vs State Of U.P. on 18 January, 2010 - Allahabad High Court
Behram Khurshed Pesikaka vs The State Of Bombay on 24 September, 1954 - Supreme Court of India
Friday vs By Adv. Sri.P.V.Kunhikrishnan - Kerala High Court
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