QSO 1984 § Article 121 — Burden of proving that case of accused comes within exceptions

Statutory text (English)

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 the Pakistan Penal Code (Act XLV
of 1860), or within any special exception or proviso contained in any other part of the same
Code, or in any law defining the offence, is upon him, and the Court shall presume the
absence of such circumstances.
Illustrations
(a) A accused of murder, alleges that, by reason of unsoundness of mind, he did not
know the nature of the act.
The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was
deprived of the power of self-control.
The burden of proof is on A.
(c) Section 325 of the Pakistan Penal Code (Act XLV of 1860),provides that
whoever, except in the case provided for by section 335, voluntarily causes
grievous hurt, shall be subject to certain punishments.
A is charged with voluntarily causing grievous hurt under section 325.
The burden of proving the circumstances bringing the case under section 335 lies
on A.

Source and verification

Source citation: Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984) Art. 121: Pakistan Code portal consolidated official PDF 'THE QANUN-E-SHAHADAT ORDER 1984 (LAW OF EVIDENCE)' (P.O. No. X of 1984, last amended 2017-02-16 incl. Act No. IV of 2017), p. 55, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 55) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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