Evidence Act → BSA
Evidence Act Section 105 in BSA
Evidence Act Section 105 corresponds to BSA Section 108 under the Bharatiya Sakshya Adhiniyam, 2023.
| Old provision | Indian Evidence Act, 1872, Section 105 |
|---|---|
| New provision | 108 |
| New Act | Bharatiya Sakshya Adhiniyam, 2023 |
| Mapping | Mapped |
BSA Section 108 — Burden of proving that case of accused comes within exceptions
Drafting note. The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
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 Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, 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. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and
Questions this page answers
What is Evidence Act 105 in BSA?
Evidence Act Section 105 is BSA Section 108 — Burden of proving that case of accused comes within exceptions.
Has the provision changed?
The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
Which law applies to an offence today?
Offences committed on or after 1 July 2024 are dealt with under the Bharatiya Sakshya Adhiniyam, 2023; earlier offences continue under the Indian Evidence Act, 1872.
Official data, Public source · as of 2026-07-05 · every row this page summarises carries its source, capture date and licence through the API.