Section 105: Burden of proving that case of accused comes within exceptions

Q: What does Section 105 of The Indian Evidence Act, 1872 (IEA) deal with?

Section 105 IEA pertains to "Burden of proving that case of accused comes within exceptions". It is part of the The Indian Evidence Act, 1872, a legislation enacted by the Parliament of India. Section 105 of The Indian Evidence Act, 1872 (IEA) governs burden of proving that case of accused comes within exceptions. As verified on 19 May 2026.

Q: Is Section 105 IEA still in force?

Yes, Section 105 of the The Indian Evidence Act, 1872 is currently in force across the Republic of India.

Q: What is धारा 105 IEA?

धारा 105 IEA is the Devanagari Hindi reference for Section 105 of the The Indian Evidence Act, 1872. Section 105 of The Indian Evidence Act, 1872 (IEA) governs burden of proving that case of accused comes within exceptions. As verified on 19 May 2026.

Q: What is Dhara 105 IEA?

Dhara 105 IEA is the Roman Hindi reference for Section 105 of the The Indian Evidence Act, 1872. "Dhara" means "Section" in Hindi. Section 105 of The Indian Evidence Act, 1872 (IEA) governs burden of proving that case of accused comes within exceptions. As verified on 19 May 2026.

Q: How to cite Section 105 of The Indian Evidence Act, 1872?

Cite as: "Section 105, The Indian Evidence Act, 1872 (IEA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Evidence Act, 1872, § 105 (India).

Law on Tips Editorial Board

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.

(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control.

(c) Section 325 of the Indian Penal Code, 1860 (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.