Burden of proving that case of accused comes within exceptions

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 Ranbir Penal Code, 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.

1. (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.
2. (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.
3. (c) Section 325 of the Ranbir Penal Code provides that whoever, except in the case provided for by section 334, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 323. The burden of proving the circumstances bringing the case under section 334 lies on A.