Ferocious Presumption under the POCSO Act
By
Dr. P. H. Pendharkar
Introduction
Sections 29 and 30 of the Protection of Children from Sexual Offences Act, 2012, Act No. 32 of 2012, (hereinafter the PoCSO Act) are ‘reverse onus’ provisions, i.e., a provision wherein the burden of proving the element of a crime is placed on the accused person. This is a departure from the golden rule prescribing the State to prove all the elements of a crime beyond reasonable doubt. According to section 29, when an accused is ‘prosecuted’ for certain offences under the PoCSO Act, it is obligatory for the court to presume that he/she has committed, or abetted or attempted to commit the offence for which he/she is prosecuted. Section 29 reads:
“Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as th ....