PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER I - BURDEN OF PROOF
Section 77. 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 provided in the Syariah Criminal Offences Ordinance, 2001 [Cap. 46] is upon him, and the Court shall presume the absence of those circumstances.
ILLUSTRATION
(a) A is accused of unlawful cohabitation with B.
The prosecution produces 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.