Given below are two statements:
Statement I: Reverse onus clause like "shall presume" has been criticized by many scholars as violative of presumption of innocence.
Statement II: Those offences which contain reverse onus clause do not require the presentation to establish any fact beyond reasonable doubts.
In the light of the above statements, choose the most appropriate answer from the options given below:
Statement I: Reverse onus clause like "shall presume" has been criticized by many scholars as violative of presumption of innocence.
Statement II: Those offences which contain reverse onus clause do not require the presentation to establish any fact beyond reasonable doubts.
In the light of the above statements, choose the most appropriate answer from the options given below:
- Both Statement I and Statement II are true
- Both Statement I and Statement II are false
- Statement I is correct but Statement II is false
- Statement I is incorrect but Statement II is true
The Correct Option is C
Solution and Explanation
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
(Extracted with edits and revisions from Vikram Bakshi v. RP Khosla 2025 INSC 1020)- CLAT PG - 2026
- Legal Studies
- Criminal Procedure
- As per Section 30 of the Code of Criminal Procedure, 1973, if a Magistrate sentenced a person to two years’ imprisonment and a fine, what is the maximum imprisonment he may impose in default of payment of the fine?
- AIBE - 2025
- Legal Studies
- Criminal Procedure
- Under which provision can a citizen file a public case in the Court of Magistrate regarding issues of public interest?
- AIBE - 2025
- Legal Studies
- Criminal Procedure
- Given below are two statements — Assertion (A) and Reason (R):
Assertion (A): Any person having an interest in a newspaper declared forfeited may apply to the High Court to set aside the declaration within two months of its publication in the Official Gazette.
Reason (R): The Special Bench of the High Court to hear such applications must always consist of exactly three judges, regardless of the strength of that High Court.
In the context of the above assertion and reason under the Code of Criminal Procedure, 1973, which one is correct?- AIBE - 2025
- Legal Studies
- Criminal Procedure
- A juvenile aged 14 years is brought before the court for an offence not punishable with death or imprisonment for life. Under which provision of the Code of Criminal Procedure, 1973, will the case primarily fall?
- AIBE - 2025
- Legal Studies
- Criminal Procedure
Questions Asked in CUET PG exam
- Find the missing word (?) which is similar to the given words.
- CUET (PG) - 2025
- Analogies
- What should be the minimum Hamming distance \( d_{\text{min}} \) to guarantee correction of up to p errors in a given block code?
- CUET (PG) - 2025
- Error Detection and Correction
Match List-I with List-II
- CUET (PG) - 2025
- Constitutional Laws
- Identify the difference between the sugars in DNA and RNA.
- CUET (PG) - 2025
- Carbohydrates
- Study the following bar-graph carefully and answer the following question. The bar-graph shows the number of pens (in thousand) sold by three shopkeepers X, Y and Z in 5 different years. The total number of pens sold by shopkeeper X in years 2020 and 2022 taken together is what percentage less than the total number of pens sold by shopkeeper Z in years 2021 and 2024 taken together? (correct to two decimal places)
- CUET (PG) - 2025
- Bar Graph