Repealed or not in force · As amended up to 2026-08
105. 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.
105. Burden of proving that case of accused comes within exceptions.
- SECTIONS
106. Burden of proving fact especially within knowledge.
107. Burden of proving death of person known to have been alive within thirty years.
108. Burden of proving that person is alive who has not been heard of for seven years.
109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
110. Burden of proof as to ownership.
111. Proof of good faith in transactions where one party is in relation of active confidence.
- 111A. Presumption as to certain offences.
112. Birth during marriage, conclusive proof of legitimacy.
113. Proof of cession of territory.
- 113A. Presumption as to abetment of suicide by a married woman.
- 113B. Presumption as to dowry death.
114. Court may presume existence of certain facts.
- 114A. Presumption as to absence of consent in certain prosecution for rape.
- CHAPTER VIII.--ESTOPPEL.
115. Estoppel.
116. Estoppel of tenant; and of licensee of person in possession.
117. Estoppel of acceptor of bill of exchange, bailee or licensee.
- CHAPTER IX.—OF WITNESSES.
118. Who may testify.
119. Witness unable to communicate verbally.
120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.
121. Judges and Magistrates.
122. Communications during marriage.
123. Evidence as to affairs of State.
124. Official communications.
125. Information as to commission of offences.
126. Professional communications.
127. Section 126 to apply to interpreters, etc.
128. Privilege not waived by volunteering evidence.
129. Confidential communications with legal advisers.
130. Production of title-deeds of witness not a party.
131. Production of documents or electronic records which another person, having possession, could refuse to produce.
- SECTIONS
Source: India Code