Indian Evidence Act, 1872
IEA Section 105 in BSA
Burden of proving that case of accused comes within exceptions. Section 105 of the Indian Evidence Act, 1872 (Burden of proving that case of accused comes within exceptions) corresponds to Section 108 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
The burden of proving that the case falls within a general exception lies on:
Answer & explanation
The accused
BSA Section 108 corresponds to IEA Section 105. The court presumes the absence of circumstances bringing the case within any general exception unless the accused proves otherwise, on a preponderance of probabilities.
The burden of proving that a case falls within a General Exception lies on:
Answer & explanation
The accused, on a preponderance of probabilities
§ 108 BSA. The accused's burden is lighter than the prosecution's, being one of probability, not certainty.
Where a person has not been heard of for seven years by those who would naturally have heard of him:
Answer & explanation
He is presumed dead, and the burden of proving he is alive shifts to the asserter
§ 111 BSA. The presumption fixes the fact of death, not its date.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 102 | On whom burden of proof lies | 105 |
| 103 | Burden of proof as to particular fact | 106 |
| 104 | Burden of proving fact to be proved to make evidence admissible | 107 |
| 106 | Burden of proving fact especially within knowledge | 109 |
| 107 | Burden of proving death of person known to have been alive within thirty years | 110 |
| 108 | Burden of proving that person is alive who has not been heard of for seven years | 111 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table