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Select the correct statement -
(i) The general burden of establishing the guilt of accused is always on the prosecution and it never shifts.
(ii) In respect of cases covered by section 105 of the Evidence Act, the prosecution is absolved of its duty of discharging the burden.
(iii) The onus which rests on the accused person under section 105 of the Evidence Act, to establish his plea of private defence is not as onerous as the unshifting burden which lies on the prosecution to establish every ingredient of the offence with which the accused is charged beyond reasonable doubt.
(iv) It is true that under section 105 of the Evidence Act, the onus to prove the existence of circumstances bringing the case within any of the general exceptions is on the accused. It is however, well settled that this burden is not of the same nature as the one which lies on the prosecution to establish commission of the offence beyond reasonable doubt.
(v) The burden on the accused does not extend to his affirmatively proving his version, but if he shows the probability of his version or at least creates a reasonable doubt in
the prosecution case, he is entitled to the benefit of doubt.
(vi) Under section 105 and 106 of the Evidence Act, the burden of proof shifts only partially to the accused. The accused does not have to disprove the ingredients of the offence proved against him.
(vii) The accused for the purpose of discharging this burden under section 105 can rely also on the probabilities.
(i), (ii), (iii), (vi)
(i), (iii), (iv), (v)
(i), (iii), (iv), (v), (vi), (vii)
(i), (ii), (iii), (iv), (v), (vi), (vii)
Except statement 2, all are correct
By: santosh ProfileResourcesReport error
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