'Let Hundred Guilty Be Acquitted But One Innocent Should Not Be Convicted': Tracing the Origin and the Implications of the Maxim

Abstract

The edifice of the Indian Criminal justice administration system is based on certain fundamental maxims and beliefs. These maxims have been indoctrinated in the system to such depth that they have in fact led to the emergence of various presumptions which envelop to a criminal trial even before it initiates. One of these is the presumption of innocence of the accused, requirement of proof beyond reasonable doubt in order to establish the guilt of the accused etc. The present study is an attempt to go into the origin of the belief and to study the impact that these doctrines have created on the adjudication of criminal matters with a critical insight.

The chapterization is as under; I. Preface II. Introduction: The Need for Evaluation III. Origin of the Concept IV. Implications of the Belief V. Presumption of Innocence VI. Proof beyond Reasonable Doubt VII. Reverse Onus Clauses: Shifting Burden of Proof VIII. Conclusion

Keywords: presumption of innocence, criminal law

JEL Classification: K14, K19, K42