Question

“Most accused persons do not lead defence evidence in India.” Identify the reason for this from the options given below.

• A. The burden to prove the offence beyond reasonable doubt is on the prosecution.
• B. The judge decides the case on its merit according to the evidences presented by the defence.
• C. The assertion that the accused has committed offence is sufficient to prove the guilt by prosecution.
• D. The accused is presumed guilty at the first instance when the trial begins.

Hint:

In criminal trials, prosecution must prove the accused's guilt beyond reasonable doubt; accused are presumed innocent and often do not present defence evidence.

Answer 1

The Correct Option is A

In the Indian criminal justice system, the burden of proof lies on the prosecution to prove the guilt of the accused beyond a reasonable doubt. This means the accused is presumed innocent until proven guilty. Hence, many accused do not lead defence evidence because the law requires the prosecution to establish the case first. If the prosecution fails to prove the offence, the accused is acquitted without the need for defence evidence.
Burden of Proof: Lies on prosecution to prove guilt beyond reasonable doubt.
Presumption of Innocence: Accused need not prove innocence.
This principle reduces the need for the accused to lead evidence in their defence.
Therefore, option (A) correctly explains the reason.