...is either wrong or contrary to law.Indian Evidence Act105. When a person is accused of any offence, the...being an exception, under Section 105 of the Evidence Act the burden of proving the existence of circumstances bringing the case within the said exception lies on the accused; and the court shall presume the absence of such...his burden. The evidence so placed may not be sufficient to discharge the burden under Section 105 of the Evidence Act, but it may raise a reasonable doubt in the mind of a judge as regards one or...

...that they are entitled to the benefit of exception as provided under Section 105 of the Evidence Act. In other words, the submission is that the burden of proof of the existence of such a right is on...Section 105 of the Evidence Act has been one of questions of great general importance and for considerable time the opinions of the courts were not uniform. As a matter of fact, in...entitled to the benefit of every reasonable doubt. Section 105 of the Evidence Act is in the following terms:“105. When a person is accused of any offence, the burden...

...is either wrong or contrary to law.’Evidence Act‘105. Burden of proving that case of accused comes within...incapable of knowing the nature of his act or what he was doing was either wrong or contrary to law. This being an exception, under Section 105 of the Evidence Act the burden of proving the existence of circumstanc...Section 105 of the Evidence Act, but it may raise a reasonable doubt in the mind of a Judge as regards one or other of the necessary ingredients of the offence itself. It may, for instance, raise a...

...compliance of Section 329 CrPC.65. Sections 84 IPC, 86 IPC, 329 CrPC and 105 Evidence Act with its illustration (a), carrying relevance in relation to the submissions so made...or it shall not hold the trial and order the accused to be dealt with in accordance with Section 330.”Section 105 Evidence Act“105...circumstances so as to bring the case within the purview of Section 84 IPC lies on the accused in terms of Section 105 of the Evidence Act; and where the accused is charged of murder, the burden to prove that as a result of...

...--Indian Penal Code (Act 45 of 1860), s. 84--Indian Evidence Act (1 of 1872), s. 105. HEADNOTE: The appellant who killed a child in a cruel manner and injured others...behalf that despite the provisions of s. 105 Indian Evidence Act the burden of proving that the accused had the requisite intention and therefore of proving that he was not insane was on the prosecution... presumed to know the natural consequences of his act. Similarly everyone is presumed to know the law. It is for this reason that s. 105 of the ...

...of the applicability of Section 105 or of Section 106 of the Evidence Act as was sought to be done by the High Court. It was further urged that even if an onus was cast on the accused to prove that he...circumstances bringing his case within the exception or proviso lay on the accused and the Court was to presume the absence of such circumstances. (Vide Section 105 of the Evidence Act.) It was further urged...the onus lay upon the appellant to prove the existence of circumstances bringing his case within the exception or proviso. (Vide Section 105 of the Evidence Act.) It cannot be disputed that no...

...such an exception can be held to be established from the mere report of the police. That, in our view, is contrary to the provisions of Section 105 of the Indian Evidence Act which are mandatory provisions. There is nothing...the Evidence Act and the mode of proof of...submitted his report on March 12, 1957. This time also the enquiring officer said:“From their statements and other evidence on record, it is clear that Shri...

...right of private defence”, and section 105 of the Indian Evidence Act enacts that: “When a person is accused of any offence, the burden of proving the existence of...interpretation of section 105 of the Indian Evidence Act.It was held in Woolmington's case that “When evidence of death and malice has been given, (this is a...of section 105 of the Evidence Act, the evidence produced by the accused person, even though falling short of...

...attack. Having regard to the nature of burden on the appellant, we are of the view that the appellant has proved the existence of circumstances as required by Section 105 of the Evidence Act so as to...105 of the Evidence Act is on the accused. Though the burden is on the accused but he is not required to prove the same beyond all reasonable doubt, but merely satisfy the preponderance of probabilities...mental condition of the accused was, at the crucial point of time, such as is described by the section, lies on the accused who claims the benefit of this exemption vide Section 105 of the Evidence Act...

.... Section 105, Indian Evidence Act, states: "When a person is accused of any offence, the burden of proving the...accused person under Section 105, Indian Evidence Act, that burden can be discharged by showing preponderance of probabilities. This position is inconsistent with the stand...equated with proof by preponderance of probabilities. 14. Mr. P.C. Chaturvedi contended that under Section 105, Indian Evidence Act, the position of the...

...Exceptions and the burden of proving that the case of the accused comes within the exceptions, is dealt with under Section 105 of the Indian Evidence Act. The burden of proving the existence of...mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. Indian Evidence Act.105. Burden of proving that case of...of knowing the nature of his act or what he was doing was either wrong or contrary to law. This being an exception, under Section 105 of the Evidence Act the burden of proving the existence of circumstances bringin...

...the accused was, at the crucial point of time, such as is described by the section, lies on the accused who claims the benefit of this exemption vide Section 105 of the Evidence Act [Illustration (a.... This being an exception, under Section 105 of the Evidence Act the burden of proving the existence of circumstances bringing the case within the said exception lies on the accused, and the court shall presume the absence ...discharged his burden. The evidence so placed may not be sufficient to discharge the burden under Section 105 of the Evidence Act, but it may raise a reasonable doubt in the mind of a Judge as...

...burden of proving the existence of circumstances bringing the case within the purview of Section 84 lies upon the accused under Section 105 of the Indian Evidence Act. Under the said section, the court shall presume the abs...Section 105 of the Evidence Act so as to get the benefit of Section 84 IPC. We are unable to hold that the crime was committed as a result of an extreme fit of anger. There is a reasonable doubt that...wife.4. On appreciation of evidence, the appellant was found guilty by the Sessions Court. The evidence was again appreciated by the High Court. The judgment of the...

...to the plea of self-defence is clearly erroneous. They appear to have overlooked the distinction between the nature of burden that rests on an accused under Section 105 of the Evidence Act to establish...accused.”In that case, the result of a consideration of the decision of this Court in relation to the provisions of Section 105 of the Evidence Act..., but first stage has not yet been dealt with directly or separately there in any case brought to our notice.”32. Provisions of Section 105 of the Evidence Act...

...case at hand, learned Court below while placing reliance upon the provisions of Section 105 of the Evidence Act has wrongly concluded that it was the accused, who was required to show as to how his semen came to be there in...the prosecutrix came there on his vest. While recording aforesaid finding learned Court below has wrongly interpreted the provisions of Section 105 of the Evidence Act, which otherwise cannot be made...below has failed to appreciate the evidence in its right perspective, as a consequence of which, accused has been wrongly convicted under Section 4 of the POCSO Act. Learned counsel representing the...

...submitted that if the accused 3 took a plea of self defence, burden was on them under Section 105 of the Indian Evidence Act, 1872 to...Section 105, Indian Evidence Act,1872 is best answered by Partap vs. State of U.P., (1976) 2 SCC 798, observing as...Evidence Act to establish a plea of self-defence and the one cast on the prosecution by Section 101 to prove its case. It is well settled that the burden on the accused is not as onerous as that which...

...consider it even if the accused has not taken it, if the same is available to be considered from the material on record. Under Section 105 of the Indian Evidence Act, 1872, the burden of proof is on the...weapons from the other persons. Six witnesses were examined to further the prosecution version. The accused persons pleaded innocence and false implication. On consideration of the evidence on record, the...by the accused-appellants while exercising their right of private defence. Further, on the same set of evidence, four persons have been acquitted and, therefore, so far as the appellants are concerned...

.... The first omission is that throughout the entire charge there is no reference to Section 105 of the Evidence Act or to the statutory presumption laid down in that section. The second omission is that...means and with proper care and caution.”Evidence Act“103. The burden of proof as to any particular fact lies on that person who wishes the...Section 105 of the Evidence Act that the shooting was not by accident in the circumstances mentioned in Section 80 of the Indian Penal Code, may adduce evidence to rebut that presumption. That evidence may...

...(Section 105 of the Evidence Act read and explained). It follows therefore that an accused is not entitled to the.... Section 105 of the Evidence Act provides for it.7. In some of the earlier Calcutta cases there were clear indications that...King-Emperor v. Upendra Nath Das’, AIR 1915 Cal 773 (C), it was held that under Section 105 of the Evidence Act...

...controversy in the interpretation of Section 105, Evidence Act as to the extent of the burden of proof which lay upon an...Section 105, Evidence Act, lay to the same extent as lies on the prosecution to prove the charge against him. In other words, the accused wa...Section 105, Evidence Act, but the burden has not to be discharged in the same manner as by the prosecution in proving a...