Multiple choice

The burden of proving that the case of the accused comes within any of the General Exceptions in the Indian Penal Code is upon the

  1. prosecution

  2. court

  3. accused

  4. investigating police officer

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option C is correct. Section 105 of the Indian Evidence Act expressly places the burden of proving General Exceptions (like insanity, mistake of fact, consent, etc. under Sections 76-106 IPC) on the accused. This is a well-established principle - the prosecution must prove the offense prima facie, but once that's done, the accused bears the burden to establish that their case falls under a General Exception. The court (B) is the adjudicator, not the party bearing burden. The prosecution proves the offense, and the police merely investigate.