...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...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...

.... Section 105, Indian Evidence Act, states: "When a person is accused of any offence, the burden of provin...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...

...claims the benefit of this exemption vide Section 105, Indian Evidence Act, Illustration (a) 4. In order to appreciate the point raised for our decision it is...the law that under Section 84 of the Indian Penal Code the crucial point of time at which un-soundness of mind should be established, is the time when the act constituting...Judges concluded: Thus we have no evidence pointing to that kind and degree of mental unsoundness at the time of the act as required by Section 84, I.P.C.; but on the defective...

...under Section 105 of the Indian Evidence Act, 1872 to demonstrate that their case would come under any of the general exceptions under the IPC. 6. If the First...Section 105, Indian Evidence Act,1872 is best answered by Partap vs. State of U.P...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 lies...

...Iqbal Ahmad, C.J:— The question referred for decision to this Full Bench is as follows: “Whether, having regard to section 96 of the Indian Penal Code and section 105 of the ...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 ...

...learned officer of the Oudh Court who has been permitted to address us and to prosecute the reference. 6. Section 105, Indian Evidence Act, lays down that when a...to carry out their duties as subordinates in obeying such orders. In the case provided for by Section 105, Evidence Act...exist, and when they are not shown to exist, the Court, which is under Section 105, Evidence Act, bound to presume...

...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 in Section 202 or Section 203 of the Criminal Procedure Code which abrogates the rule as to the presumption laid down in Section 105 of the Evidence Act and the mode o...which it was proper for the learned Magistrate to dismiss the complaint under Section 203, there being no evidence before the learned Magistrate as and by way of proof to establish the exception of the...

...the accused contemplated under section 105, Indian Evidence Act. The evidence on record is not sufficient to raise any reasonable doubt as to the sanity or normal condit...mind of the accused at the time of occurrence and the defence has failed to discharge the burden as contemplated under section 105 of the Indian Evidence Act. In the...105 of the Indian Evidence Act reads as follows:—“105. Burden of proving that case of accused comes within exceptions.—When a person is accused of any offence, the burden of proving the...

...Chapter-IV I.P.C., which deals with general exceptions. The reading of this section will not be complete unless it is read with Section 105, Indian Evidence Act, 1872 and particularly illustration...) to that section. Section 105, Indian Evidence Act, 1872 enacts as under:"105. Burden of proving that case of accused comes within exceptions.- When a person is accused of any of...time, such as is described by this section lies on the accused who claims the benefit of this exemption (vide S.105, Indian Evidence Act, Illustration (a)."14. In an another decision i.e...

...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...registered and investigation was undertaken. On completion of investigation, charge was framed for commission of offences punishable under Sections 147, 148, 307 read with Section 34 and Section 323 of the...Indian Penal Code, 1860 (in short “IPC”). It was alleged that accused Khodhibai (since acquitted) and Pandri Bai (PW 4) are sisters. There was bad blood between them over certain properties and civil...

...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 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..., in the sense laid down by Section 84 of the Indian Penal Code: the accused may rebut it by placing before the court all the relevant evidence — oral, documentary or circumstantial, but the burden of...

...Section 105 Indian Evidence Act places upon the accused person the burden of proving the exception on which he relies. From the above said decision, it is clear that the burden i...Section 84 Indian Penal Code and the accused may rebut it by placing before the Court all the relevant evidence, oral, documentary or circumstantial, but the burden of proof upon him is no...as Exs.P-1 to P-14 and marked M.Os.1 to 8. 7. After closure of the prosecution evidence, the learned Principal Sessions Judge examined the accused under Section 313...

...statutory obligation of the Court to consider suo motu whether a plea falls within the general exceptions? What is the effect of section 6 of the Penal Code on section 105 of the Indian Evidence ..., S. 105 of the Evidence Act calls upon the accused to show that the circumstances bringing the case within the exceptions are present, as the court cannot suo motu presume the “existence of the c...there any conflict, and, if so, is it possible to harmonize them?11. Section 105 of the Evidence Act lays down that the burden of proving the “existence of the circumstances...

...accused acted in connection with the incident, is not proved by legal evidence in the case. Under section 105 of the Indian Evidence Act when a person is accused of any...Penal Code, since section 105 of the Indian Evidence Act places the burden of proving the exception on the accused. The limits of the inquiry under section 202 have been circumscribed and...section 203 of the Criminal Procedure Code, without taking any evidence, on the ground that the accused is protected by ...

...of the appellants or Gram Samaj.30. Burden of proving that the case of an accused comes within any of the exceptions lies on the accused himself. Section 105 of the Indian Evidence...distinction between the nature of burden that is cast on the accused under section 105 Indian Evidence Act to establish the plea of private defence and the burden that is...section 101 of the Indian Evidence Act which is as follows:—“101. Burden of proof—Whoever desires any Court to give judgment as to any legal right or liability dependent o...

...section 105, Indian Evidence Act, Illustration (a)]. In other words, when a plea of legal insanity is set up, Court has to consider whether at the time of commission of offence...insanity, which arises by virtue of section 105 of the Indian Evidence Act, 1872 (in short the Evidence Act) and is not so onerous as that upon the prosecution ...section 105 of the Evidence Act, burden of proving existence of circumstances bringing case within exception lies on accused; and ...

.... In a given case the court can 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...that all the accused were to be acquitted of the charges under Section 447 of the Indian Penal Code, 1860 (in short “IPC”). It was held that though the right of private defence was available, it was...(in short “the Evidence Act”), the burden of proof is on the accused, who sets off the plea of self-defence, and, in absence of proof, it is not possible for the court to presume the truth of the...

...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 (in short “the Evidence ...Arijit Pasayat, J.— The accused is in appeal before this Court against the judgment of the Madras High Court upholding his conviction for offence punishable under Section 302...of the Indian Penal Code, 1860 (in short “IPC”) and consequential sentence of imprisonment for life.2. The factual scenario as described by the prosecution needs to be noted...

...leading evidence pointing -to the guilt of the accused. Under Section 105 of the Indian Evidence. Act the burden of proving the existence of circumstances bringing the c...Section 105, Indian Evidence Act, as to the accused bearing the burden of bringing the case within the statutory Exception, the prosecution is not absolved from the burden laid o...that of an ordinary witness. Under Section 133 of the Indian Evidence Act, an accomplice is a competent witness against an accused person, and a conviction is not illegal...