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Resource centre on India's rural distress
 
 

No resistance or debate on laws that want accused to prove innocence, not the state the guilt -Aakar Patel

-National Herald

Gujarat Police failed to prove that a man served beef to his guests, because food had already been consumed. Yet, a Gujarat court sent him to jail because he couldn't prove that he hadn't served beef

India follows the Common Law system introduced to it by Great Britain. However, it has introduced innovations as an independent nation, and one of these is to reverse burden of proof. In several criminal laws in India, and especially those legislated after 2014, there is a reversal of burden of proof. This means that there is presumption of guilt. The State assumes you have done something wrong and it is for you to prove your innocence.

This is the opposite of normal criminal law. For instance, if someone is found with a knife next to a corpse, it is for the State to prove that the person committed the murder. However, there are now laws under which the State begins with the assumption of guilt.

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