PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 1 - BURDEN OF PROOF
Section 81.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 circumstance bringing the case within any of the general exceptions provided in the Crimes (Syariah) Enactment 1992 [Enactment No. 3 Of 1992] is upon him, and the Court shall presume the absence of those circumstance.
ILLUSTRATIONS
(a) A is accused of unlawful cohabitation with B.
The prosecution produce evidence to show that A had divorced his wife, B.
A claims that he was forced to divorce his wife.
The burden of proving that he was forced lies on A.
(b) C is accused of committing unlawful sexual intercourse with D.
C claims that he had already married D in a foreign country.
The burden of proving that such marriage took place lies on C.