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Presumption of Innocence
Every individual who is accused of a crime is presumed innocent until and unless they are proven guilty, according to the presumption of innocence legal concept. The prosecution is required by law to prove its case with strong evidence to the fact-finder (a judge or jury). The accused is cleared of the accusations if the prosecution is unable to establish their veracity.
On the contrary, a system where guilt is presumed is wrong. The presumption of innocence is a legal privilege of the accused in a criminal trial under various legal systems and in many nations. In accordance with Article 11 of the Universal Declaration of Human Rights, it is also a universal human right.
What is the meaning of the Presumption of Innocence?
A legal principle known as the presumption of innocent emphasises that the burden of proof rests solely on the prosecution to establish each aspect of the crime beyond a reasonable doubt. It is embodied in the idiom "presumed innocent until proven guilty," which was first used in a 1791 trial at the Old Bailey by British Attorney Sir William Garrow.
Based on the legal presumption that the majority of people are not criminals, Jean Lemoine stated this idea in the phrase "item quilbet presumitur innocens nisi probetur nocens” which means a person is presumed innocent until proven guilty. It mandates that the fact-finder, whether a jury member or a judge, start with the supposition that the state cannot substantiate its claim. To maintain this legal protection, the criminal trial process is governed by a trio of connected regulations.
Scope of Presumption of Innocence
A cornerstone of common law is the presumption of innocence. According to the UN Human Rights Committee, the presumption of innocence places the burden of proof on the prosecution and ensures that no guilt may be assumed until the accusation has been proven beyond a reasonable doubt. Public officials should refrain from publicly endorsing the guilt of the accused before a trial even begins, and the media should refrain from reporting stories that cast doubt on the presumption of innocence.
Reverse onus clauses impose a presumption of fact or legal wrongdoing against the accused or transfer the burden of proof to the accused. If the legislation is reasonable under the circumstances and upholds the rights of the accused, a reverse onus clause will not necessarily undermine the presumption of innocence under international human rights law.
Importance of Presumption of Innocence
The following are the importance of Presumption of Innocence −
A right and guiding principle for the government when using its coercive powers is the presumption of innocence. When a person is found guilty of a crime, they are often subjected to some sort of penalty, which infringes against fundamental rights including the right to privacy, the right to liberty, and the right to own personal property.
Presumption of Innocence gives a defendant the justification they need to use their right to silence and the protection against self-incrimination. It is the responsibility of the prosecution to establish each element of the crime, and a fair trial would entail the absence of any bias or prejudice in favour of or against the accused.
Unjust convictions deprive a person of their respect and dignity in society. The presumption of innocence is a crucial right within the umbrella of the right to a fair trial.
It protects someone's right not to be wrongly convicted. By maintaining all sides on equal footing, the burden of proof in criminal law aids in the conduct of a free and fair trial. Reversing the burden of evidence turns the accused into a presumed criminal, neglecting his personal freedom and dignity, and infringing on Article 21, which guarantees a person the right to live in dignity.
Due to the public's responses and the harsh circumstances of the jail cells, a guilty person is subject to physical torture that might have serious mental consequences. In criminal law, the presumption of innocence is essential for striking a balance between the State's greater authority and resources and those of regular persons.
Conclusion
A law should be evaluated for its impact before deciding whether it is beneficial or detrimental. Under the pretexts of speedy justice and public interest, the presumption of innocence has been weakened. The rights of the accused are often disregarded by Indian courts. But this must be done in the interest of justice. Special efforts are required to improve the criminal justice system's efficiency and reduce the nation's crime rate. The presumption of innocence as a basic human right must be upheld and reiterated by the court, and Article 21 should give it additional weight.
Frequently Asked Questions
What is the essence of the presumption of innocence principle?
According to the presumption of innocence concept, a person is assumed to be innocent unless and until they are shown to be guilty. In a criminal trial, it is the prosecution's responsibility to establish the defendant's guilt; until that is done, the defendant should be presumed innocent. The justification for it is to shield the accused against wrongfully convicted individuals.
What is the origin of the presumption of innocence principle?
The sixth century marks the beginning of the concept of innocence. The Latin maxim "Proof lies on him who asserts, not on him who denies" means proof lies on him who asserts, not on him who denies. It was included in the Roman legal framework by Emperor Antoninus Pius. Later, the idea spread throughout Europe and the rest of the world, entering contemporary legal systems in the process.
Is presumption of innocence a fundamental right?
A vital component in defending an accused against a wrongfully convicted person is the presumption of innocence. The fundamental idea is that a suspect should be assumed to be innocent unless proven guilty.
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