Section 105 IEA: Burden of proving that case of accused comes within exceptions
Indian Evidence Act, 1872
Section 105 IEA at a Glance
Section 105 IEA deals with burden of proving that case of accused comes within exceptions. From 1 July 2024 it is replaced by Section 108 BSA.
Section 105 IEA Bare Act Text
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.
Source: Section 105, Indian Evidence Act, 1872
Section 105 IEA in Simple Words
Section 105 of the Indian Evidence Act, 1872 puts the task of proving a legal exception on the accused person. When someone is accused of an offence and claims that special facts bring the case under an exception, that accused person must prove those facts.
The rule covers these kinds of exceptions. It applies to the chapter of General Exceptions under the Indian Penal Code, Act 45 of 1860. It also applies to a special exception or a proviso (a qualifying condition in a legal rule) found elsewhere in that Code, or in any other law that defines the offence. Until the accused person proves that those facts existed, the court must presume (take as true at the start) that those facts were absent.
The illustrations in the Act show how this works. An accused person on a murder charge who claims unsoundness of mind, or claims loss of self-control from grave and sudden provocation, has to prove that claim. Similarly, someone facing a charge under section 325 of that Code for voluntarily causing grievous hurt has to prove the facts that bring the act under section 335.
When Section 105 IEA Applies
- Someone faces a criminal charge as a person accused of an offence.
- The accused person claims that facts exist which bring the case under the General Exceptions of the Indian Penal Code.
- 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.
- The accused person must prove those facts, and the court must presume that those facts did not exist until proved.
Example of Section 105 IEA
Section 105 IEA in the BSA
Section 105 IEA is now covered under Section 108 BSA.
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.
View detailed comparison (IEA 105 vs BSA 108) →FAQs on Section 105 IEA
What is Section 105 IEA?▼
Section 105 of the Indian Evidence Act, 1872 is the rule that places the burden of proving a legal exception on a person accused of an offence. It also requires the court to presume that the facts needed for that exception were absent until the accused person proves them.
Does Section 105 IEA apply to exceptions in laws outside the Indian Penal Code?▼
Yes. Section 105 IEA applies not only to exceptions and provisos in the Indian Penal Code, Act 45 of 1860, but also to any special exception or proviso in any other law that defines the offence.
Must the court assume at the start that no exception applies to the accused person?▼
Yes. Under Section 105 IEA, the court must presume that the facts bringing the case within an exception or proviso are absent unless the accused person proves that those facts existed.
What is Section 105 IEA in BSA?▼
Section 108 BSA. It replaced Section 105 IEA from 1 July 2024 with no change in the legal rule, updating only the criminal law references from the Indian Penal Code to the Bharatiya Nyaya Sanhita, 2023.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·