Section 58J of The Wild Life (Protection) Act, 1972
1[58J. Burden of proof. -- In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 58H is not illegally acquired property shall be on the person affected.]
Summary
- In any legal action involving this Chapter, the person who received the notice has the responsibility to prove they are innocent.
- The burden of proof is on the person affected to show that the property listed in the notice is NOT illegal.
Practical examples
FAQ
1. Who has the burden of proof in property forfeiture cases under Section 58J of The Wild Life (Protection) Act, 1972?
Under Section 58J of the Act, the burden of proving that the property is NOT illegally acquired property lies on the person who received the notice.
2. Does the government have to prove my property is illegal under Section 58J of the 1972 wildlife law?
No, under Section 58J, once a notice is served, it is up to the affected person to prove the property was acquired through legal means.
3. What must I prove to keep my assets under Section 58J of this protection Act?
According to Section 58J, you must prove that any property specified in the notice served under Section 58H is not illegally acquired property.
Test yourself
Q1.Under Section 58J of The Wild Life (Protection) Act, 1972, on whom does the burden of proof lie during forfeiture proceedings?
Q2.Section 58J of the wildlife protection law applies to property mentioned in a notice served under which other section?
Q3.What exactly must be proven by the person affected under Section 58J of The Wild Life (Protection) Act, 1972?
Q4.How does Section 58J of this 1972 Act change the usual rule that one is "innocent until proven guilty"?