Presumption of Innocence | UPSC Concept

What is Presumption of Innocence?

The presumption of innocence is a fundamental legal principle in criminal law stating that any person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt. The burden of proof lies entirely with the prosecution, and the accused does not have to prove their innocence.

Historical Background

Originating from Roman law ('Ei incumbit probatio qui dicit, non qui negat' - the burden of proof is on him who asserts, not on him who denies), this principle became a cornerstone of common law systems. It is a vital safeguard for fair trials and human rights, designed to protect individuals from arbitrary state power and wrongful convictions, especially in the aftermath of historical abuses of power.

Key Points

7 points

1.
While not explicitly stated as a single article in the Indian Constitution, it is an inherent part of Article 21 (Right to Life and Personal Liberty) and Article 20(3) (Right against self-incrimination).
2.
It is a foundational principle of the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act, 1872.
3.
The prosecution must prove the guilt of the accused "beyond reasonable doubt"; any reasonable doubt must benefit the accused.
4.
The accused has the right to remain silent and cannot be compelled to be a witness against themselves.
5.
This principle underpins the 'bail, not jail' philosophy, as detention before conviction would contradict the presumption of innocence.
6.
Exceptions exist in some special laws (e.g., NDPS Act, PMLA, UAPA) where a reverse burden of proof may be placed on the accused, but even then, the prosecution must first establish a prima facie case.
7.
Ensures a fair trial and protects against arbitrary conviction, upholding the dignity of the individual.

Recent Developments

3 developments

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Ongoing debates around the balance between national security/serious crime investigation and the presumption of innocence, especially concerning special laws with reverse burden of proof.

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Supreme Court's consistent upholding of this principle in bail matters, emphasizing that pre-trial detention should not be punitive.

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Discussions on reforms to criminal justice system to better align with this principle and reduce wrongful convictions.

UPSC Relevance

Crucial for UPSC GS Paper 2 (Polity, Governance, Social Justice) and GS Paper 4 (Ethics - justice, fairness). Relevant for questions on criminal justice reform, human rights, the rule of law, and the ethical dimensions of legal processes. Understanding its implications for individual rights is vital.