Procedural Farness In Criminal Law

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Traditionally and legally the burden of proof is on the prosecution because of the established principle that a person is innocent until proven guilty which is the fundamental principle of procedural farness is criminal law. It is considered fundamental because it is believed that it is better to allow an accused to go scot free than punish an innocent. The party who brings the case has the responsibility to produce before the judge all such necessary materials as are required to prove actus reus and mens rea behind a crime.The same is incorporated in section 101 of the evidence act which in its essence says that the person that desires a Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. In the offences of stalking and voyeurism where it is more so important for the burden of proof to lie on the prosecution, the onus of proving innocence is reversed i.e burden now lies on the accused. This reversal is completely in contravention to the fundamental principle of innocent until proven guilty. In this context the principle will change from ‘innocent until proven guilty’ to ‘guilty until proven innocent’.
The essentials of a criminal trial are this: That the prosecution must prove the commission of a crime beyond a reasonable doubt. As a necessary corollary to this, it must be understood that the defense is only required to cast reasonable doubt on the prosecution’s case in order to

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