Write a short note on the `presumption of innocence of the accused.’

Question: Write a short note on the ‘presumption of innocence of the accused.’

Find the answer to the mains question of IPC only on Legal Bites. [Write a short note on the 'presumption of innocence of the accused.’]

Answer

A fundamental tenet of the Indian Criminal Justice system specifically provides that the defendant/convict/accused has the right to be presumed innocent until proven guilty. Though it not specifically enshrined in the criminal code of India, there are provisions that work on this principle.

In this regard, Section 101 and 102 of the Indian Evidence Act, asserting that any person approaching the court to give its judgment on any legal right or liability must prove the existence of facts that he asserts. Thus, the burden of proving fact always lies upon the person who asserts it. This is based on the common law maxim of “ei incumbit probatio qui dicit, non qui negat” which means the burden of proof is on the one who declares, not on one who denies.

The following was observed by the Supreme Court in State of Maharashtra v. Vasudeo Ramchandra Kaidalwar (1981 3 SCC 199): The expression ‘burden of proof’ has two meanings, legal burden and evidential burden. In a criminal trial, the accused is considered to be innocent until proven guilty and the prosecution carries the burden to prove his guilt. This burden to prove everything essential against the accused is the legal burden and it never shifts

Further, in In Dayabhai v. State of Gujarat (AIR 1964 SC 1563), the Supreme Court held that it is the duty of the prosecution to establish, beyond reasonable doubt that the accused committed the offence. If the accused pleads insanity, it is his duty to prove so and his burden of proof is not as high as that of the prosecution. If the evidence provided by the accused does not create an absolute doubt, but even a reasonable one, regarding the ingredients of an offence, he could be acquitted.

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