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The presumption of innocence is cornerstone of the criminal justice system in India. Discuss in detail.

Introduction

The presumption of innocence is a basic principle in criminal law. It means that every accused person is considered innocent until proven guilty in a court of law. This is a crucial right under the Indian legal system and plays a central role in ensuring justice and fairness.

Legal Foundation in India

Significance of the Principle

1. Protection from Wrongful Conviction

It ensures that no person is punished without proper legal proof of guilt. Mere suspicion or arrest does not mean guilt.

2. Burden of Proof on Prosecution

The state must prove that the accused has committed the crime. The accused is not required to prove innocence.

3. Fair Trial Guarantee

Ensures that trials are conducted without bias, and every person gets a chance to defend themselves.

4. Preserves Human Rights

Prevents abuse of power by police or state authorities. Protects individuals from arbitrary detention and harassment.

Judicial Support

The Indian judiciary has repeatedly upheld this principle. In various landmark judgments, courts have ruled that presumption of innocence is a human right and part of due process.

Challenges

Conclusion

The presumption of innocence is the backbone of the criminal justice system in India. It reflects the belief that justice must be based on evidence and not assumption. Upholding this principle ensures that the rights of individuals are protected and justice is truly served.

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