Benefit of Doubt : What and when Benefits the Accused in Getting Acquitted?
By
Nalin J. Soni
In common parlance, benefit of doubt means an advantage or behoof of doubt. More particularly we can say that benefit of doubt means the advantageous condition available to the accused in Criminal Trial, on basis of which he claims as such and gets acquitted and immunes from being behind the bars of the Jail/Prison.
(N.B. — Throughout this article the word BOD is to be meant and considered as Benefit of Doubt).
The BOD is a fundamental rule of appreciation of evidence and not any statutory provision and as such nowhere defined. The Court regards and resorts to the rule of BOD, while considering the prosecution evidence against accused to decide whether the evidence shows the guilt of accused or it contains lacuna when Courts awards BOD to accused. Thus BOD is such a principle which paves the way for accused in getting him acquitted. Accrual of BOD during the course of Criminal Trial leaves no other option for Courts except to pass the verdict of acquittal in fa ....