In this video we have discussed the basic concept of the provision of the General exceptions provided under Chapter IV of The Indian Penal Code ,1860.
Following points have been discussed in this video.
1. Meaning of General Exception of the Indian Penal Code.
2. Objects of the provision of General Exceptions under Indian Penal Code.
3. Burden of proof regarding general exceptions upon prosecution or defence.
4. Standard of proof required in the cases of general exceptions.
Some sections of the Indian penal code are also discussed..They are as follows.
Section 6 of the Indian Penal code.
Section 40 ( definition of Offences ) , indian penal code.
Following sections of Indian Evidence Act, 1872 have been discussed.
Section 103 ,Indian Evidence Act._ 103. Burden of proof as to particular fact.-The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration 1[
(a) ] A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
Section 105 , Indian Evidence Act, 1872._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. The burden of proof is on A.
21 окт 2024
