ENACTMENT NO 3 OF 1994 EVIDENCE (SYARIAH COURT) ENACTMENT 1994
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VI - BURDEN OF PROOF
Section 81. Burden of proving that case of accused comes within exceptions.
Unless otherwise provided in any law 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 illegally cohabiting with B.
Prosecution adduces evidence to show that A had divorced B his wife.
A alleges that he was forced to divorce his wife.
The burden of proving that he was forced is on A.
(b) C is accused of illicit intercourse with D.
C alleges that he had married D in a foreign country.