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Section 27
Defendant's Burden of Proof
(1) According to the prevailing laws of Nepal, if the defendant claims that the punishment will be reduced or exempted or that he will be released from the punishment, the burden of proving the same will be on him.
(2) The defendant shall bear the burden of proving that the thing that is required to be given or delivered to the plaintiff according to the prevailing Nepalese law has been given or delivered in accordance with that law.
Proof Act, 2031
Preamble - 0
Chapter - 3
Section 8: Matters to be taken as evidenceSection 9: What the party expressedSection 9A: Accusation of co-accused:Section 10: Something expressed on occasionSection 11: Dying DeclarationSection 12: Special matters expressed by a person in a special situationSection 13: Matters mentioned in public documents etc.Section 13A: Details recorded through audio-visual medium (video conference):Section 14: Matters recorded in regularly maintained accounts, books, books or other materialsSection 15: Things written in books or articlesSection 16: Special types of data, lists, descriptions, etc.Section 17: Statements made by a witness in another caseSection 18: Documents prepared in the course of investigation or inquirySection 19: Affidavit or certificateSection 20: ReportSection 21: Other documents to be used as evidenceSection 22: Dashi proofSection 23: Personal opinionSection 24: What not to take evidence
Chapter - 4
Section 25: Burden of Proving GuiltSection 26: Burden of Proving ClaimSection 27: Defendant's Burden of ProofSection 28: Burden of proving a particular thingSection 29: Burden of providing evidence to refute the court's presumptionSection 30: Burden of proving what is in the private knowledgeSection 31: Burden of proving one thing if it is necessary to prove something elseSection 32: Burden of proving that a person is aliveSection 33: Burden of proving the ownership of the property in possession or enjoyment
Chapter - 5
Chapter - 7
Chapter - 8
Section 38: A person who can be a witnessSection 39: Testimony of a person unable to speakSection 40: Mother, father, etc. of the party will not be taxed to give testimonySection 41: not to be revealed between spousesSection 42: Exemption from disclosure of any act done in the capacity of a judgeSection 43: Unpublished government documents in government offices should not be disclosedSection 44: Tax free for disclosing information received by a government employeeSection 44A: Police officers are not required to disclose sources of information about crime incidentsSection 45: Legal practitioners should not disclose information provided by their partiesSection 46: A party shall not be taxed to disclose what is between a person and his ... legal counselSection 47: A witness may be taxed to answerSection 48: Presenting witnesses and affidavitsSection 49: Procedure for affidavitSection 50: Interrogatories and cross-examinationsSection 51: Court may prohibit asking improper questions of a witnessSection 52: Calling experts as witnesses and cross-examinationSection 52A: Expert witness understanding arrangements:Section 53: The court may ask necessary questions to the witness