s 107 Burden of proving that case of accused comes within exceptions
107. 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 Penal Code 1871, or within any special exception or proviso contained in any other part of the Penal Code 1871, or in any law defining the offence, is upon the person, and the court is to presume the absence of such circumstances.Illustrations (a) A accused of murder alleges that by reason of unsoundness of mind A 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 A was deprived of the power of self‑control. The burden of proof is on A. (c) Section 325 of the Penal Code 1871 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.