Tag: presumption of innocence
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The One-sidedness of Disclosure & Discharge hearings in India
India’s discharge hearing—meant to filter out baseless prosecutions—is structurally one-sided. Courts rely solely on what the prosecution presents, while exculpatory material stays hidden. This…
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Statutory Presumption, Foundational Facts, and Quashing: A Legal Analysis (Guest Post)
This article explores the nuanced interplay between statutory presumptions, foundational facts, and the courts’ power to quash criminal proceedings. It analyzes how exceptions to…