Section 29 of The Protection of Children from Sexual Offences Act, 2012
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 the case may be unless the contrary is proved.
Summary
- When a person is prosecuted for committing, helping with, or trying to commit any offence under Section 3, 5, 7, or 9 of this Act, the court will start with a presumption of guilt.
- This presumption means the Special Court legally assumes that the accused person is guilty of committing, abetting, or attempting the specified sexual offence.
- The burden of proof shifts to the accused person, who must prove their innocence to the court by showing evidence to the contrary.
Practical examples
FAQ
1. What does "presumption as to certain offences" mean in Section 29?
It means when someone is prosecuted for certain serious offences under this Act, the Special Court will assume the person is guilty unless they prove otherwise.
2. Which specific offences does this presumption of guilt apply to?
The presumption applies to prosecutions under Section 3 (penetrative sexual assault), Section 5 (aggravated penetrative sexual assault), Section 7 (sexual assault), and Section 9 (aggravated sexual assault).
3. Does this presumption apply to attempts or abetments of these offences?
Yes, the presumption applies whether the person is prosecuted for committing, abetting, or attempting to commit any of these four offences.
4. Who has the burden of proof when Section 29 is triggered?
The burden of proof shifts to the accused person, who must prove to the Special Court that they did not commit the offence.
Test yourself
Q1.Under Section 29 of The Protection of Children from Sexual Offences Act, 2012, what must the Special Court presume when a person is prosecuted for an offence under Section 3, 5, 7, or 9 of the Act?
Q2.Under Section 29 of The Protection of Children from Sexual Offences Act, 2012, which of the following sections is NOT subject to the presumption of guilt?
Q3.Under Section 29 of The Protection of Children from Sexual Offences Act, 2012, how does a cross-reference to Section 5 affect the trial of an accused relative?
Q4.Under Section 29 of The Protection of Children from Sexual Offences Act, 2012, what three stages of criminal activity regarding Sections 3, 5, 7, and 9 trigger the presumption of guilt?