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IPC Synopsis (3rd Sem)

The document summarizes a student project on the topic of burden of proof. It outlines the introduction, scope, research objectives and questions, chapterization, and literature review of the project. The introduction defines burden of proof and key concepts. The scope aims to analyze burden of proof under Indian law, especially how it shifts in cases of insanity, rape, and dowry death. The objectives and questions focus on circumstances burden shifts, implications of reverse burden clauses, and risks of shifting burden. The chapters will cover general burden of proof provisions, cases where it shifts, risks of shifting burden, and conclusions. The literature review cites sources analyzing burden of proof in dowry death, insanity defenses, and

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141 views4 pages

IPC Synopsis (3rd Sem)

The document summarizes a student project on the topic of burden of proof. It outlines the introduction, scope, research objectives and questions, chapterization, and literature review of the project. The introduction defines burden of proof and key concepts. The scope aims to analyze burden of proof under Indian law, especially how it shifts in cases of insanity, rape, and dowry death. The objectives and questions focus on circumstances burden shifts, implications of reverse burden clauses, and risks of shifting burden. The chapters will cover general burden of proof provisions, cases where it shifts, risks of shifting burden, and conclusions. The literature review cites sources analyzing burden of proof in dowry death, insanity defenses, and

Uploaded by

Aman D Sharan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TAMIL NADU NATIONAL LAW UNIVERSITY, TIRUCHIRAPPALLI

Submitted for the internal assessment for the course of 


B.A., LL. B (Hons.) – Third Semester
Academic Year: 2020-2021

Subject: Law of Crimes


Project Synopsis
Topic- Burden of Proof

Course Faculty: Dr.N.S Soman Submitted By:


Ms. Anushka Kashyap, (BA0190008)
INTRODUCTION
The Law of Evidence is a critical piece of legislature that supplements the Court’s proceedings.
Evidence is the material that establishes a claim or an assertion and enables the Court to come to
a just decision. Oral or documentary evidence should be produced before the Court to prove or
disapprove the respective contentions of both parties. The rule of evidence requires the
respective parties to place the best evidence in hand to establish their assertion beyond the
reasonable doubt. The Law of evidence is said to be the law of the forum or the Lex fori. The
concept of burden of proof is defined under Section 101 of the Law of Evidence Act, which
states that when a person is bound to prove the existence of a fact, the burden to provide
evidence for the same lies upon him. Chapter VII of the Act deals with provisions under the
burden of proof. The term “burden of proof” isn’t defined in the Act, however it is the
rudimentary principle of criminal that, that the presumption of innocence lies with the accused
unless proven otherwise.  For example, A wants the Court to convict B of theft. Since the
assertion of theft was made by A, the onus to provide evidence to support such assertion lies
upon him.

The principle of Burden of proof is based on the concept of onus probandi (burden of proof)
and factum probans (proving a fact). While the burden of proof remains constant, the onus for
the same shifts from one party to another. The facts that are required to be proved are those
which are not self-evident in nature. In criminal cases, the principle remains constant that the
initial burden is on the prosecution to establish that the accused has committed a crime. If the
prosecution fails to establish beyond reasonable doubt that the accused is guilty, the accused is
entitled to an acquittal.

SCOPE OF THE PAPER

The paper seeks to analyze the concept of “Burden of Proof” under the Indian Evidence Act. It
aims to take into consideration all possible instances wherein the burden of proof comes into
play especially the cases where the burden of proof shifts from prosecution to accused such as
Insanity, Rape, and Dowry death. This paper will give an insight into the judicial interpretations
of cases relating to the concept of burden of proof. Additionally, the paper will elaborate on
specific conditions which are exceptions to the established doctrine of “Innocent until Proven
guilty”.

RESEARCH OBJECTIVES

 To study and explore all the aspects of the concept “burden of proof”.
 To analyze different case laws relating to burden in different offences.
 To study the shifting of the burden of proof in certain cases.
 To elaborate the position of law relating to burden especially the cases where the burden
of proof shifts to accused.

RESEARCH QUESTIONS

 Under what circumstances the burden of proof shifts to the defendant and the rationale
behind the same?
 The principle of presumption of innocence is constitutionally protected under the
provision of Article 20(3) of the Constitution of India, then what is the validity of Section
106 of the Indian Evidence Act, 1872 statutorily legitimizes for the establishment of an
evidentiary reversal of the burden of proof in situations where the evidence is solely
within the knowledge of the accused?
 Though these reverse onus clauses provide for swifter legal proceedings in the majority
of circumstances, it also comes with the risk of being hasty and injudicious. What are
those risks and are there any workable test established by the judiciary?

CHAPTERISATION

1. Introduction
2. General provisions of “Burden of proof”
3. Cases in which Burden of Proof shifts to Defendant and the rationale behind the same

3.1. The Burden of proof in cases of Rape and Dowry Death

3.2. The Burden of Proof where insanity was claimed as defence

4. The risks involved in shifting the burden on Defendant


4.1 Establishment of reserve onus clauses and their implications
4.2 Validation and regulation of reverse onus clauses
5. Conclusion
LITERATURE REVIEW

 R Deb, Dowry Deaths: Burden of Proof, 37(4) INDIAN LAW INSTITUTE, 519-530 (1995).
 Devika, Onus Shifts on Accused to Prove Defence when Prosecution Discharges Burden
of Proof, SCC ONLINE (Dec 13, 2018).
 Abinand Lagisetti, Reverse Onus Clauses: Validity, Regulation, and Co-relation with
Death Penalty, NATIONAL LAW UNIVERSITY, JODHPUR (May 4, 2020).
 Janhavi Arakeri, Insanity as a Defence under Indian Penal Code, IP LEADERS, (May 28,
2019).
 Eshwaraiah v. State of Karnataka, (1994) 2 SCC 677.
 Zahid Mukhtar & Ors. v. The state of Maharashtra, 2017 (2) ABR 140.
 State of West Bengal v. Orilal Jaiswal and Ors, AIR 1994 SC 1418.

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