All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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32.

Certain acts that lie within an Exception, such as that the defendant was of unsound mind when committing the act charged as an offence, are not treated as offences. Who has the onus of proving that an act lies within an Exception ?

A: The prosecution must prove that the accused is of sound mind.

B: The defence must prove that the accused is of unsound mind.

C: The jury must prove that the accused is of unsound mind.

D: A special plea of insanity must be raised by a third party expert.

E: Only the judge may intervene and find the accused to be of unsound mind.

The answer is: B

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Explanation

B: The defense must prove that the accused is of unsound mind.

In criminal cases, when an accused relies on an Exception, such as the defense of unsound mind, it is generally the responsibility of the defense to prove that the accused falls within the scope of that Exception. This means that the defense must provide evidence and establish, on a balance of probabilities, that the accused was of unsound mind when committing the act charged as an offense.

In many legal systems, including Indian law, the burden of proving exceptions or defenses typically falls on the party asserting them. In this case, it's the defense's responsibility to prove that the accused was of unsound mind when committing the alleged offense. So, option B is the correct choice.