IEA 105→BSA 108

IEA 105 to BSA 108: Burden of proving that case of accused comes within exceptions

Section 105 IEA (1872) replaced by Section 108 BSA (2023)

View IEA Section 105 →View BSA Section 108 →

IEA 105 to BSA 108 at a Glance

Section 105 IEA (Burden of proving that case of accused comes within exceptions) is now Section 108 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 105 to BSA 108?

Section 105 of the Indian Evidence Act, 1872 became Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The references to the Indian Penal Code now point to the BNS.

IEA 105 vs BSA 108: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section105108
HeadingBurden of proving that case of accused comes within exceptionsSame

IEA 105 and BSA 108: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 105, IEA 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. (c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.
BSA 2023 (in force)

Section 108, BSA 2023

108. 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 Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, 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. (c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances bringing the case under sub-section (2) of section 122 lies on A.

When It Applies: IEA 105 vs BSA 108

Under IEA 105
  1. Someone faces a criminal charge as a person accused of an offence.
  2. The accused person claims that facts exist which bring the case under the General Exceptions of the Indian Penal Code.
  3. Or the accused person relies on a special exception or a proviso in another part of that Code, or in the law that defines the offence.
  4. The accused person must prove those facts, and the court must presume that those facts did not exist until proved.
Under BSA 108
  1. Someone faces a criminal charge as a person accused of an offence.
  2. The accused person claims that facts exist which bring the case under the General Exceptions of the Bharatiya Nyaya Sanhita, 2023.
  3. Or the accused person relies on a special exception or a proviso in another part of that Sanhita, or in the law that defines the offence.
  4. The accused person must prove those facts, and the court must presume that those facts did not exist until proved.

What IEA 105 to BSA 108 Means in Practice

The legal rule is unchanged, and an accused person must still prove any exception relied on while the court presumes that the facts for that exception are absent. For matters governed by the BSA, a party should cite Section 108 BSA instead of Section 105 IEA. The text and its third illustration update the criminal law references from the Indian Penal Code (45 of 1860) and its sections 325 and 335 to the Bharatiya Nyaya Sanhita, 2023 and its section 117 and sub-section (2) of section 122.

FAQs: IEA 105 to BSA 108

How did the section numbers in the third illustration change between Section 105 IEA and Section 108 BSA?▼

Sections 325 and 335 of the Indian Penal Code (45 of 1860) were replaced by section 117 and sub-section (2) of section 122 of the Bharatiya Nyaya Sanhita, 2023. Both illustrations use the offence of voluntarily causing grievous hurt to show that the accused person must prove the facts bringing the case within the exception.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·