Section 139 of the Evidence Act 2011

Section 139 of the Evidence Act 2011 – What it Says and All You Need to Know.

Section 139 of the Evidence Act 2011 Provides as Follows:

(1) Where a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any exception or exemption from, or qualification to, the operation of the law creating the offence with which he is charged is upon such person.

(2) The burden of proof placed by this Part upon a defendant charged with a criminal offence shall be deemed to be discharged if the court is satisfied by evidence given by the prosecution, whether on cross – examination or otherwise, that such circumstances in fact exist.

(3) Nothing in sections 135 and 140 or in subsection (1) or (2) of this section shall –

(a) prejudice or diminish in any respect the obligation to establish by evidence according to law any acts, omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged; or

(b) impose on the prosecution the burden of proving that the circumstances or facts described in subsection (2) of this section do not exist; or

(c) affect the burden placed on a defendant to prove a defence of intoxication or insanity.

Other Relevant Sections:

• Section 140 of the Evidence Act 2011
• Section 141 of the Evidence Act 2011
• Section 142 of the Evidence Act 2011