presumption of innocence

The presumption of innocence is the starting point of criminal trials. The burden is on the prosecution to prove every ingredient of the offence beyond reasonable doubt; the accused need not prove his innocence, and any reasonable doubt goes to him. An acquittal strengthens the presumption, so an appellate court interferes with an acquittal only for compelling reasons.

The presumption is not expressly written in the Constitution, but it is part of fair trial under Article 21 and is recognised in Article 14(2) of the ICCPR. Parliament can create reverse burdens in special laws, such as the NDPS Act and POCSO Act, but only after the prosecution proves the foundational facts.

Example

Given the presumption of innocence, the accused's silence about his whereabouts could not fill the gaps in the prosecution's own evidence.

In Indian law

• s.104 BSA (old s.101 Evidence Act): burden of proof on the person who asserts
• Article 14(2), International Covenant on Civil and Political Rights, 1966

See also

beyond reasonable doubt · burden of proof · acquittal · presumption

Read more in the study notes

• Concurrent and consecutive sentences; appeals, revision and reference (Bharatiya Nagarik Suraksha Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Legal words and their usage: Kidnap to Witness (English)
• The Universal Declaration of Human Rights, 1948 (Human Rights Law and Practice)
• ICCPR: civil and political rights and their implementation (Human Rights Law and Practice)
• The European system: the Convention and the European Court of Human Rights (Human Rights Law and Practice)