In criminal trials, it is bound to presume
A. That the case of the accused falls in any of the general or special exceptions
B. That the case of the accused falls in proviso to the provision under which he is charged
C. The absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged
D. Both A and B and not C
Answer: Option C
Solution(By Examveda Team)
In criminal trials, the provision mentioned in the question can be found in Section 105 of the Indian Evidence Act:Section 105:
According to
Section 105
of the Indian Evidence Act, when a person is accused of an offense and it is claimed that the case falls within any of the general or special exceptions or the proviso to the provision under which the person is charged, the burden of proving the existence of such exceptions or proviso is on the accused. This means that the accused must provide evidence and prove that their case falls within an exception or proviso.Therefore, the correct answer is:
C. The absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged.
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Comments ( 1 )
Which section of the Indian Evidence Act protects communication during marriage?
A. Section 122
B. Section 123
C. Section 124
D. Section 125
A. Of 'B', because 'B' is a merchant in Delhi. 'A' has written many letters addressed to 'B'
B. Of 'C' because 'C' is a clerk of 'A' 'C's duty was to examineand file A's correspondence
C. Of 'D' because 'D' is Z's broker to whom Z habitually submitted the letters purporting to Bwritten by 'A' for the purpose of his advice
D. Of all the above
A. Section 120
B. Section 126
C. Section 123
D. Section 98
A. That relates to only the place of occurrence
B. That relates to nature of the object
C. That relates to the past user of the object
D. Information given by the accused, as relates distinctly to the fact thereby discovered
Under which section it's mentioned