105.Burden of proving that case of accused comes within exceptions

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.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 sudden provocation, he was deprived of the power of self-control. (c)Section 325 of the Indian Penal Code, 1860 (45 of 1860) 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.