ENACTMENT NO. 16 OF 1992 SYARIAH COURTS EVIDENCE ENACTMENT 1992
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VI - BURDEN OF PROOF
Section 77. Burden of proving the 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 any law, or within any special exception or proviso contained in any other part of the same law, is upon him, and the Court shall presume the absence of those circumstances.
ILLUSTRATIONS
(a) A is accused of living together with B.
Prosecution produces evidence to show that A had divorced B, his wife.
A alleged that he was forced to divorce his wife.
The burden to prove that he was forced is on A.
(b) C accused of unlawful sexual intercourse with D.
C alleged that he had married D in a foreign country.