(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He
must prove it.
120. Burden of proving fact to be proved to make evidence admissible. The burden
of proving any fact necessary to be proved in order to enable any person to give evidence of
any other fact is on the person who wishes to give such evidence.
Illustrations
(a) A wishes to prove a dying declaration by B. A must prove B’s death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document.
A must prove that the document has been lost.
121. Burden of proving that case of accused comes within exceptions. When a
person is accused of any offence the burden of proving the existence of circumstances
bringing the case within any of the General Exceptions in the Pakistan Penal Code (Act XLV
of 1860), or within any special exception or proviso contained in any other part of the same
Code, or in any law defining the offence, is upon him, and the Court shall presume the
absence of such circumstances.
Illustrations
(a) A accused of murder, alleges that, by reason of unsoundness of mind, he did not
know the nature of the act.
The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was
deprived of the power of selfcontrol.
The burden of proof is on A.
(c) Section 325 of the Pakistan Penal Code (Act XLV of 1860) ,provides that
whoever, except in the case provided for by section 335, voluntarily causes
grievous hurt, shall be subject to certain punishments.
A is charged with voluntarily causing grievous hurt under section 325.
The burden of proving the circumstances bringing the case under section 335 lies
on A.
122. Burden of proving fact especially within knowledge. When any fact is especially
within the knowledge of any person, the burden of proving that fact is upon him.
Page 55 of 68