Evidentiary Thresholds & Reverse Onus: Analyzing The Procedural Impact Of Section -29 & 30 Of Pocso Act

The Protection of Children from Sexual offences Act of 2012 (POCSO Act) was enacted to put in place a robust legal framework to help in protecting children against sexual abuse and exploitation.Among the more controversial sections is 29 and 30 which creates statutory presumptions which place the burden of evidence on the accused.These provisions represent a break with the traditional presumption of innocence of the criminal law.This paper will critically analyze the evidentiary thresholds in Section 29 and 30, determine their constitutionality and provide a review on their procedural effects on the criminal proceedings.The case study examines the judicial meanings and the harmonization of the child protection rights and the right to fair trial as can be noted under Articles 14, 20(3) and 21 of Indian constitution.