In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and thus, gave a single lathi blow to A, causing his death. The burden to prove grave and sudden provocation is on:
Verified Answer
A. The Prosecution
B. The Investigating agency
C. The Court
D. The Accused
Explanation:
Section 105 of the Indian Evidence Act places the burden of proving that a case falls within an exception to a penal law upon the accused.