Burden of Proof in Case of Admission by Accused
evidence bar_exam intermediate mcq_helpA case of murder in which the accused admits to having killed the victim, but claims self defense. The accused produced a letter stating he killed the victim to protect himself. His lawyer argues that the burden of proof now lies on the prosecution to disprove the self-defense claim. Is this correct?
(I tried to bluff, thought option C was correct) A) Burden of proof remains on the prosecution B) The defense has to prove the self defense claim C) Burden of proof shifts to the accused D) The burden cannot shift till the accused's claim is established
2 Comments
Main aapki baat nahi manata, sahab. Admission by accused hi to kafi evidence nahi hai. SC ka yehi faisla hai ki admission ek aisi evidence hai jo case ke alag-alag haliyon par kadam rakhta hai. Aur agar admission ek confession hai toh bhi, Section 25 IPC ka dhyan rakhna hoga ki usmein prosecution ko saabit karna padega ki confession voluntary thi ya nahin.
Burden of Proof in Case of Admission by Accused: The admissions made by accused persons are admissible as evidence but does not transfer the burden of proof on prosecution. It remains the duty of prosecution to prove all the ingredients of the offence beyond reasonable doubt. Admissions can only be used to corroborate other evidence and strengthen the prosecution's case. Courts should not confuse admissions with confessions and must ensure that the prosecution has fulfilled its burden of proof.