Question Description
Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer?.

Solutions for Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Under the POCSO Act, Section 29 and 30 deals with reverse onus clauses. Section 29 states that whenever a person is prosecuted for committing, abetting to commit or attempting to commit an offence under Sections 3,5,7 and 9 of the Act, the Special Court shall presume that the offence has been committed, abetting or attempted to commit the offence unless the accused can prove to the contrary. Section 30 deals with presumption of culpability of the mental state of the accused with regards to any offence committed under the POCSO Act until the defence proves it otherwise. Further, subclause (2) states that the defence has to prove the innocence of the accused beyond reasonable doubt and not on the basis of preponderance of probabilities.Under principles of procedural fairness in the common law the burden of proof lies on the prosecution to prove the case against the accused beyond any reasonable doubt. Until this is proved, there is a presumption of innocence in favour of the accused. The pair of presumptions lead to the commencement of proceedings against the accused with a presumption of guilt. Therefore, it is the prosecution which should prove the concurrent presence of mens rea and actus reus beyond a reasonable doubt. This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.Right to equality as envisaged under article 14 of the constitution encompasses both- Right to equality and equality of opportunity. The equals have to be treated equally and differentiation can only be made on the basis of intelligible differentia having a nexus with the object of the legislation. Article 14 pervades Article 21 and something which is not a valid procedure under Article 14 will automatically not be a fair procedure under Article 21. . The procedure established by law which can be used to curtail the freedom under these section has to be fair, just and reasonable, and non-arbitrary.The Legislature was aware that there were chances of false accusation and hence had put Section 22 of the POCSO which punishes the persons who falsely accuse the other of offences under the Act.Justice Anup Jairam Bhambhani clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application. 'Trial' commences when charges are framed against an accused and not before that, Justice Bhambhani said. Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer."Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut," he said, adding an accused cannot be asked to disprove his guilt even before the foundational allegations with supporting evidence that suggest guilt are placed by the prosecution before the court.Q. Article 14 ensuring right to equality is applicable toa)Citizensb)All persons living in the territoryc)Aliensd)All of the above.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.