ENACTMENT NO. 2 OF 1991 EVIDENCE ENACTMENT OF THE SYARIAH COURT 1991
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 6 - 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 circumstance bringing the case within any of the general exception 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 produce evidence to show that A had divorce 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 has married D in a foreign country.