PRESUMPTION OF INNOCENCE AND REVERSE BURDEN OF PROOF UNDER INDIAN CRIMINAL LAW: A CONSTITUTIONAL ANALYSIS
Mr. Shantanu B. Taywade, Dr. Mrs. Payal Thaorey
Source abstract
The presumption of innocence is one of the basic principles of criminal jurisprudence, and it has the effect that the prosecution must prove an accuseds guilt "beyond reasonable doubt" before a person may be criminally liable. It serves as a basic curb on arbitrary state action and is a way of ensuring individual liberty by shifting the burden of error from the state to the prosecution. Today, however, the criminal justice systems have instituted many mechanisms that shift the burden of proof and presume guilt where some basic facts are known. Indian criminal law depicts this tension in multiple ways through several pieces of legislation such as the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Prevention of Corruption Act, 1988, the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and the Prevention of Money Laundering Act, 2002 (PMLA). This study explores the question of whether the constitutional provisions of reverse burden are consistent with the presumption of innocence under Indian criminal law. It discusses the interaction between Articles 14, 20(3), and 21 of the Constitution of India and the evidentiary principles in criminal trials. The study examines the strategy followed by the Indian courts in reconciling the interest of society to have the accused person punished and the rights of the accused person. The paper analyzes the constitutional acceptability of the reverse burden clauses from a doctrinal perspective by discussing constitutional provisions and statutory frameworks, as well as judicial precedents, in order to argue that a constitutional clause imposing a reverse burden may only be constitutionally acceptable if it meets the criteria of reasonableness, proportionality, and procedural fairness. The over-dependence on presumptions of guilt may lead them to become a common rule of criminal proceedings, thus undermining the basic principle of the presumption of innocence. Keywords: Presumption Of Innocence, Reverse Burden Of Proof, Criminal Justice System, Constitutional Rights, Article 21, Fair Trial, Indian Evidence Law.
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