Section 29 Of The POCSO Act – Can the Presumption of Guilt Substitute Proof of Foundational Facts?

SECTION 29 OF THE POCSO ACT Can the Presumption of Guilt Substitute Proof of Foundational Facts? Understanding the Reverse Burden of Proof, Foundational Facts and the Supreme Court's Latest Position Introduction The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to protect children from sexual assault, sexual harassment and exploitation. Recognising the seriousness and sensitive nature of such offences, Parliament incorporated special evidentiary provisions to strengthen the prosecution of offences against children. One of the most significant provisions is Section 29 of the POCSO Act, which creates a statutory presumption against an accused person prosecuted for specified offences under the legislation. However,...

Continue reading