DOCTRINE OF PRESUMPTION UNDER INDIAN LEGAL SYSTEM: AN ANALYSIS


Dr. Brijinder Bhushan
(Assistant Professor, BKSM Law College, Jalalabad (E) Dharmkot, Dist. Moga, Punjab
Abstract
Under The Bharatiya Sakshya Adhiniyam,2023 enforcement of presumption is widely unexplored area. Even from the point of view of its application it has many consequences for the manner in which we understand concept of ‘burden of proof’ of prosecution and defence. Inclusion of dramatic rise in ‘reverse onus’ clauses seen by current penal legislations, though these persuasive burden of proof placed on accused shows raising a presumption of guilt. In depth study of these even till today, the questions of when and how such a burden shift and when such clauses are valid remain unresolved. Views of researchers and academicians on presumption provides some insight into working of presumptions in civil proceedings. Though there is no detailed study on how they would apply in proceedings of criminal in nature, quite possible due to not foresee then. However, presumptions criminal in nature are reality today and insufficient authoritative case law in India required a depth study of The Bharatiya Sakshya Adhiniyam,2023.
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EPRA International Journal of Multidisciplinary Research (IJMR)

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Published on : 2024-11-27

Vol : 10
Issue : 11
Month : November
Year : 2024
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