Home  /  Protection of Children from Sexual Offences Act, 2012  /  Section 29

Section 29: Presumption as to certain offences

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Statutory Presumption
Evidentiary Rule
Special Court (POCSO)
Act 2012
Section 28 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 30

Legal Commentary & Landmark Judgments: Section 29

Section 29 creates a statutory presumption of guilt against the accused, reversing the traditional burden of proof once foundational facts of abuse are established.

  • Rebuttable Presumption of Guilt: Where a person is prosecuted for committing, abetting, or attempting an offence under Sections 3, 5, 7, or 9, the court shall presume guilt.
  • Foundational Burden on Prosecution: The prosecution must first prove foundational facts (the physical act, identity of accused, and minority of victim) beyond reasonable doubt.
  • Shift of Evidentiary Burden: Once foundational facts are established, the burden shifts to the accused to rebut the presumption by preponderance of probabilities.
  • Bail Interplay: In bail applications, courts evaluate whether the accused has presented sufficient prima facie material to neutralize the statutory presumption.

Section 29 rebalances criminal jurisprudence in favor of minor victims, recognizing the private nature of child abuse and preventing predators from exploiting evidentiary silence.

Key Landmark Precedents:
  • Dharmender Singh v. State (NCT of Delhi) (2020) SCC OnLine Del 1267: Held that Section 29 reverses the burden of proof only after foundational facts of the alleged incident are proved by prosecution beyond reasonable doubt; the presumption is not absolute and is rebuttable on preponderance of probabilities.
  • State of Maharashtra v. Bandu (2018) 11 SCC 163: Affirmed the constitutionality and application of Section 29 in child sexual abuse trials.
Legal Commentary:

Section 29 reverses the classic presumption of innocence once foundational facts are established. Because child sexual abuse takes place in complete secrecy, the legislature shifted the burden to the accused to explain away incriminating circumstances.

Section 28 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 30