Burden of proof lies with the prosecution from "summary" of The Indian Penal Code... - Primary Source Edition by Hoffmann (Professor)
The burden of proof lies with the prosecution in criminal cases. This means that it is the responsibility of the prosecution to prove the guilt of the accused beyond a reasonable doubt. The accused is presumed innocent until proven guilty. This principle is enshrined in the legal system to protect the rights of the accused and ensure a fair trial. The prosecution must present evidence and arguments to convince the court of the guilt of the accused. The standard of proof required is high - beyond a reasonable doubt. This means that the evidence must be strong enough to remove any reasonable doubt in the mind of the judge or jury. If the prosecution fails to meet this burden of proof, the accused must be acquitted. It is not enough for the accused to simply raise doubts about their guilt - the prosecution must affirmatively prove their guilt. This is a fundamental principle of criminal law that ensures justice is served and innocent individuals are not wrongly convicted. The burden of proof is a crucial aspect of the criminal justice system. It ensures that the power of the state is not abused and that individuals are not unjustly punished. By placing the burden on the prosecution, the legal system upholds the presumption of innocence and protects the rights of the accused.- The burden of proof lies with the prosecution in criminal cases. This principle is essential for ensuring a fair trial and upholding the rights of the accused. It is a fundamental aspect of the legal system that serves to protect individuals from wrongful conviction.
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