THE PRESUMPTION OF INNOCENCE AND THE BURDEN OF PROOF:ASSESSING THE HUMAN-RIGHTS IMPLICATIONS OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872 (IEA) and transformed Indian Evidence Law while maintaining all the establishing rules concerning burden of proof and treatment of presumptions. This research blog examines the relationship between burden of proof rules and presumption of innocence, with particular attention to reverse-onus provisions and electronic evidence. The central argument is that the Bharatiya Sakshiya Adhiniyam, 2023 (BSA) does not, as a general rule, transfer the prosecution’s overall accountability for proving the prosecution case. Concurrently, provisions placing a burden on an accused in certain instances can have significant actionable consequences. These consequences become significant where the defence must challenge electronic material whose authentication, attribution, integrity, or relevance is disputed. The reasoning in the case of Noor Aga v. State of Punjab provides useful guidance on the limits of reverse burdens. This blog argues that a rights-consistent application of the BSA requires courts to distinguish the prosecution’s ultimate burden from any evidential burden placed on the accused, satisfy the statutory conditions for presumptions, and ensure that the defence has a meaningful opportunity to test all the electronic evidence. KEYWORDS: Bharatiya Sakshya Adhiniyam 2023, presumption of innocence, burden of proof, reverse burden, Article 21, electronic evidence, fair trial.