Skip to main content

Indian Evidence Act, 1872

Section 105

Burden of proving that case of accused comes within exceptions

Quick Answer Reference: Section 105 IEA

  • Provision: Section 105 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 105 of IEA say?

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.

Indian StandardSection 105, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 105 (India)
Court Pleading StandardSection 105 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/105

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 105 IEA

What is Section 105 of IEA?

Section 105 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Burden of proving that case of accused comes within exceptions". The section states: 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 o...

Landmark Case Laws

Landmark Judgments under Section 105 IEA

Commonly Cited Alongside

Sections commonly cited alongside Section 105