EVEDENTIARY VALUE OF PRESUMPTIONS UNDER PRE-CONSTITUTIONAL LEGISLATIONS
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Author(s):
DR. SHAILENDRA JOSHI
Vol - 8, Issue- 9 ,
Page(s) : 148 - 152
(2017 )
DOI : https://doi.org/10.32804/CASIRJ
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Abstract
Indian evidence Act 1872 deals with the law pertaining to legal assumptions prevailing in India. The law of presumptions and burden of proof which has been worked in this country for more than twelve decades has definitely established certain deep-rooted golden principles of administration of criminal justice. The golden norms of administration of justice that whoever desires favourable judgement on the basis of certain fact must prove the existence of that fact, that the accused is presumed to be innocent and hence the burdens on the prosecution to prove that the accused has committed the crime in question; that prosecution is required to prove its case beyond doubt; and that benefit of doubt must go in favour of the accused, have been accepted as the soul of criminal procedure and incorporated in the concerned code.
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