Q92
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
AnswerD.
Both A and B and not C
Answer: Option C
Solution
Answer: Option C
Solution:
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.