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VOL. 10, ISSUE 2 (2025)
Human rights and international laws on presumption of guilt
Authors
Bhavya Tiwari
Abstract

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.

This paper traverses the intricate terrain of striking a balance between justice, human rights, and judicial activism within the Indian legal system by drawing on case studies and legal analysis. It clarifies the complex relationships at work and provides information about possible paths to balancing conflicting interests, improving the effectiveness of the legal system, and strengthening the mutually beneficial relationship between justice, human rights, and judicial activism. This essay also explores the ways in which nations that apply this principle differ from those that do not in terms of justice and human rights.
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Pages:6-10
How to cite this article:
Bhavya Tiwari "Human rights and international laws on presumption of guilt". International Journal of Advanced Research and Development, Vol 10, Issue 2, 2025, Pages 6-10
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