Innocent until proven guilty

Presumption of innocence, sometimes known as ‘innocent until proven guilty’, is a cornerstone of criminal justice systems around the globe. According to this theory, the prosecution has the burden of proof and an accused individual is presumed innocent until and until their innocence is established through a fair and impartial trial. It is both a defense against erroneous convictions and a necessary part of the right to a just trial. Presumption of innocence has its roots in Roman law, namely in the adage “Ei incumbit probatio qui dicit, non qui negat,” which states that “the burden of proof is on the one who declares, not on the one who denies.”

This idea became well-known in the late 18th century, thanks to the writings of legal scholars like Sir William Blackstone, who is credited with saying, “It is better that ten guilty persons escape than that one innocent suffer.” Over time, this idea persisted and shaped the evolution of contemporary legal frameworks. But it didn’t become well-known in European legal systems until the Enlightenment. Prominent thinkers like Voltaire and Cesare Beccaria fought for the rights of the accused, highlighting the need for fair trials and the presumption of innocence. A further testament to the presumption of innocence was the French Revolution's 1789 Declaration of the Rights of Man and of the Citizen, which stated that “Every man is presumed innocent until he has been declared guilty.”

Legal structure

A number of important international law texts contain references to the presumption of innocence. According to Article 11 of the 1948 Universal Declaration of Human Rights, “Everyone charged with a penal offense has the right to be presumed innocent until proven guilty according to law in a public trial at which they have had all the guarantees necessary for their defense.” The International Covenant on Civil and Political Rights (1966) stipulates in Article 14(2) that “Everyone charged with a criminal offense shall have the right to be presumed innocent until proven guilty according to law.” 

Constitutional recognition 

The presumption of innocence is specifically recognized by a number of national constitutions and legal frameworks. For example: The United States Constitution’s Fifth and Fourteenth Amendments guarantee that no one will be deprived of their life, liberty, or property without first undergoing a fair legal process. According to Article 48 of the European Union’s Charter of Fundamental Rights, “Everyone who has been charged shall be presumed innocent until proven guilty according to law.”

Article 20(5) of the Constitution guarantees the fundamental constitutional right to be presumed innocent unless and until proven guilty. In the same vein, the presumption of innocence in criminal cases is maintained by Section 12 of the National Penal Code, 2018. Therefore, in order to protect the integrity of the legal system, our hard-won liberties, and the dignity of the accused, criminal proceedings and the presentation of suspects urgently need to be changed. It is necessary to discontinue the widely used procedure whereby the Nepal Police parade detainees or individuals accused of minor offenses and issue statements, including information on the people they have detained, including pictures. The institution also needs to be cautious about the effects the practice might have on its investigations into the crime and the suspects, who might be found not guilty by the court. Thus, it is preferable to refrain from taking such rash decisions that can backfire and to inform the public and media until after the investigation is finished and the court issues a definitive ruling.

Principal’s significance

The protection provided by the assumption of innocence shields people from unfair allegations and incorrect convictions. It guarantees that the prosecution bears the burden of proof, having to prove the accused person’s guilt beyond a reasonable doubt. This strict level of proof is necessary to prevent mistakes and preserve the public’s faith in the legal system. The idea of a fair trial is based on this notion. It ensures that the accused has the right to a defense, which includes the capacity to refute the prosecution’s case, have access to legal counsel, and submit evidence. The presumption of innocence protects the fairness and impartiality of the legal system by guaranteeing that the accused receives such treatment. 

In actuality, the presumption of innocent has several difficulties despite its significance:

Influence of the media, extensive media coverage in high-profile cases may cause the public to adopt conclusions about the accused’s guilt or innocence before the trial even ends. This phenomenon, sometimes referred to as ‘trial by media’, has the potential to compromise the trial’s impartiality and threaten the presumption of innocence.

Prior to trial retention, the presumption of innocence may be violated in some jurisdictions where people are detained in pre-trial custody for protracted periods of time. The fact that being detained alone may lead to feelings of guilt emphasizes the necessity for legal systems to strike a balance between the rights of the accused and public safety.

Practical and legal obstacles, reverse onus provisions—which transfer the burden of proof to the accused under certain conditions—may undermine the presumption of innocence in some judicial systems. It is important to closely examine these exclusions to make sure that they don’t compromise fundamental rights.

Presumption of innocence is a fundamental tenet of legal systems all throughout the world. It guarantees that no one is unfairly punished, and that the integrity of the legal system is upheld. Although there are still obstacles in the way of completely implementing this idea, its continuous inclusion in legislative frameworks emphasizes how crucial it is to preserving the rule of law and safeguarding human rights. Presumption of innocence is a fundamental safeguard in the criminal justice system that helps to ensure that people are not unfairly convicted and that justice is served. It sustains the public's faith in the legal system and supports the fundamental human right to a fair trial. But in order to prevent this principle from being undermined by the media, pre-trial procedures, and legislative changes, constant watchfulness is required.