'Presumption of innocence' in Indian criminal jurisprudence
AHas no place in Indian law
BApplies only to bailable offences
CIs a presumption of law that the accused is innocent
DIs a foundational rule placing the burden on the prosecution to prove guilt BEYOND REASONABLE DOUBT; reversed in certain statutes (NDPS s35, POCSO s29-30, PMLA s24) by reverse-onus clauses, subject to constitutional scrutiny
Answer & Solution
Correct answer: D. Is a foundational rule placing the burden on the prosecution to prove guilt BEYOND REASONABLE DOUBT; reversed in certain statutes (NDPS s35, POCSO s29-30, PMLA s24) by reverse-onus clauses, subject to constitutional scrutiny
The presumption is foundational. However, reverse-onus clauses in special statutes have been upheld where the prosecution first proves a foundational fact (Noor Aga v State of Punjab 2008; Karnataka v Krishnappa). The presumption is not absolute but is the default.
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