9 Principle of Presumption of Innocence

The rule: every accused is presumed innocent until proved guilty — Constitution, Article 20(5): "No person accused of any offence shall be assumed to be an offender until proven guilty." ICCPR Article 14(2) ("Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law").Its operational consequences (the practical marks):1. The burden of proof rests on the prosecution — to prove guilt beyond reasonabledoubt (the criminal standard; Lord Denning's classic: not beyond all doubt, but beyond reasonable doubt — satisfied so that you are sure);2. The accused need not prove innocence — no duty to testify (the privilege against self- incrimination, Article 20(7), belongs to the same structure); silence is not guilt;3. Benefit of doubt to the accused (in dubio pro reo) — the interpretive and evidentiary residue of the presumption;4. Pre-trial safeguards: bail as the norm in bailable offences (the serious-offence exception's structure under the Criminal Procedure Code); the accused's rights to counsel (free legal aid for indigent accused — Article 20(10)) and to be informed of the charge;5. Limits and pressures: preventive detention (distinct from criminal punishment); reverse burdens in regulatory offences; media trials — the presumption as a legal rule in court and a contested social norm outside it.The complete Article 20 criminal-process architecture (a table to memorize for…