evidenceEnglish origin

Presumption of Innocence

The fundamental principle that every accused person is presumed innocent until proven guilty beyond reasonable doubt.

Full Definition

The presumption of innocence is the golden thread of criminal law � the accused starts the trial with the presumption of innocence. The prosecution must rebut this presumption by proof beyond reasonable doubt. The accused need not prove anything. This presumption cannot be reversed by statute unless Parliament explicitly does so (e.g., NDPS, PMLA have reversed presumptions where substantial evidence is already shown).

In Indian Law

Implicit in Article 21 (right to life and liberty) and the Evidence Act. The Supreme Court in Babu v. State of Kerala (2010) held the presumption of innocence is a fundamental principle of criminal justice. Statutory reversals: Section 54 NDPS Act (possession of drugs presumes guilt unless rebutted), Section 24 PMLA (presumption of money laundering).

Quick Facts

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