Presumption Of Innocence In Bns Framework
What is Presumption of Innocence?
The Presumption of Innocence is a fundamental principle of criminal jurisprudence which states that every accused is considered innocent until proven guilty.
It is a legal safeguard to protect individuals from wrongful conviction and ensures the prosecution must prove the guilt of the accused beyond reasonable doubt.
This principle is entrenched in Article 21 of the Constitution of India (Right to Life and Personal Liberty) and is a cornerstone of a fair trial.
Presumption of Innocence in BNS
The BNS, like previous laws (IPC and CrPC), upholds the presumption of innocence.
It puts the onus on the prosecution to establish guilt beyond reasonable doubt.
The accused is entitled to all legal safeguards including the right to remain silent and right to a fair trial.
BNS may have specific provisions reinforcing the standard of proof and prohibition against reverse burden of proof except in exceptional cases (e.g., specific statutory exceptions).
🔹 Burden of Proof & Presumption of Innocence
The burden of proof lies on the prosecution (Section 101 of the Indian Evidence Act, which BNS incorporates or mirrors).
The standard of proof is "beyond reasonable doubt" in criminal cases.
The accused does not have to prove innocence; rather, prosecution must prove guilt.
🔹 Case Laws Illustrating Presumption of Innocence
1. State of Uttar Pradesh v. Rajesh Gautam (2003) 8 SCC 1
Facts:
The accused was convicted based on circumstantial evidence.
Issue:
Whether conviction can be based on circumstantial evidence if it does not exclude all reasonable doubt?
Judgment:
Supreme Court reiterated that presumption of innocence is paramount and accused must be acquitted if the prosecution fails to prove guilt beyond reasonable doubt.
Significance:
Established that circumstantial evidence must form a complete chain excluding all possible innocence.
2. K. Nagarajan v. State of Tamil Nadu (1998) 5 SCC 260
Facts:
Accused was convicted on the basis of witness testimony.
Issue:
Whether conviction can be sustained on doubtful evidence?
Judgment:
Court emphasized that benefit of doubt must go to the accused in keeping with the presumption of innocence.
Significance:
Strengthened the principle that accused should not be convicted on tenuous or weak evidence.
3. Mohan Singh v. State of Punjab (1969) 2 SCC 779
Facts:
The accused was charged under a statute that included reverse burden.
Issue:
Whether reverse burden provisions infringe on presumption of innocence?
Judgment:
Supreme Court held that reverse burden can be imposed only if clearly provided by statute, otherwise presumption of innocence remains intact.
Significance:
Clarified limits of reverse burden and affirmed the basic presumption of innocence.
4. Zahira Habibullah Sheikh & Anr. v. State of Gujarat (2006) 3 SCC 374
Facts:
The accused claimed they were denied a fair trial due to pressure and witness tampering.
Issue:
Impact on presumption of innocence and fair trial.
Judgment:
Court upheld the presumption of innocence and emphasized the right to a fair and impartial trial as integral to it.
Significance:
Linked presumption of innocence to fair trial rights.
5. Kartar Singh v. State of Punjab (1994) 3 SCC 569
Facts:
Accused convicted in terrorism cases.
Issue:
Whether the presumption of innocence applies in cases involving national security.
Judgment:
Court held that presumption of innocence applies in all criminal cases, including terrorism, unless statutory provisions say otherwise.
Significance:
Universal application of presumption of innocence.
6. Sheo Narain v. State of Uttar Pradesh (1964) AIR 491
Facts:
The accused claimed acquittal due to lack of evidence.
Judgment:
Supreme Court ruled that the presumption of innocence demands acquittal if prosecution fails to discharge its burden.
Significance:
Reaffirmed the fundamental right of accused.
🔹 Summary: Presumption of Innocence in BNS
| Principle | Explanation |
|---|---|
| Accused is presumed innocent | Until proven guilty beyond reasonable doubt. |
| Burden on prosecution | To prove guilt, accused need not prove innocence. |
| Standard of proof | Proof beyond reasonable doubt is mandatory. |
| Reverse burden | Exceptionally imposed only by explicit law. |
| Fair trial right | Essential to uphold presumption of innocence. |
| Applies universally | Applies in all criminal matters under BNS. |
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