LI 3. Burden of Proof

LI 3. Burden of Proof:
In Criminal Law there is a presumption of innocence in favor of the accused and it the duty of the prosecution to prove the guilt of the accused. In Criminal trial the consideration before the court generally is as to whether the prosecution is able to substantiate the allegation levelled against the accused beyond all shadow of reasonable doubt or not and secondly how far the defence version of false implication of the accused or the denial of the occurrence is reasonable. But when the prosecution fails to place the full facts before the court the court is put in doubt as to what has actually happened and in such circumstances the benefit of doubt is given to the accused by the Court.
But when the accused relies upon the general exceptions of IPC or within any provision  contained in the IPC specifically...the burden (onus of proof)  of proof shifts on the accused  (see Sec. 105 of Indian Evidence Act).

Adv Mohammad Akhter Hussain
Patna High Court