The
presumption of innocence is based on the fundamental idea that no innocent person
should be subjected to needless punishment. This essay explores the complex
relationship between justice, human rights, and judicial activism in the
context of Indian criminal law's presumption of innocence principle. The study
examines whether the presumption of innocence's protection of human rights
could interfere with the smooth administration of justice and the proactive
function of judicial activism using a doctrinal research approach. The central
research question of this investigation is whether the Indian legal system's
pursuit of justice and judicial activism are unintentionally hampered by the
protection of individual rights, which are embodied in the presumption of
innocence. It critically analyses the justification for the presumption of innocence
principle, which is further supported by a comparison of nations that adhere to
it to varying degrees.
Please enter the email address corresponding to this article submission to download your certificate.
