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Delhi HC Discusses The Significant Factors To Be Considered For Bail In POCSO Cases

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The Delhi High Court on September 22, 2020 had mentioned the applicability of ‘reverse burden’ under Section 29 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

The Delhi HC has ruled that the presumption of guilt engrafted in Section 29 of the Protection of Children from Sexual Offences (POCSO) Act gets triggered and applies only once trial begins, that is after charges are framed against the accused.

The Bench consists of Justice Anup Jairam Bhambhani was reviewing the bail application of a 24-year-old man. Justice Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. ‘Trial’ commences when charges are framed against an accused and not before that.

The bench said, “the presumption of guilt engrafted in section 29 gets triggered and applies only once trial begins, that is after charges are framed against the accused but not before that. The significance of the opening words of section 29 “where a person is prosecuted” is that until charges are framed, the person is not being prosecuted but is being investigated or is in the process of being charged. Accordingly, if a bail plea is considered at any stage prior to framing of charges, section 29 has no application since upto that stage an accused is not being prosecuted.”

“It would be anathema to fundamental criminal jurisprudence to ask the accused to disclose his defence; or, worse still, to adduce evidence in his defence even before the prosecution has marshalled its evidence,” the Court said.

Read Judgment:

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