Justin Renjith v. Union of India
Kerala High CourtMANU/KE/3730/2020Bench: J. P.B. Suresh Kumar
The Kerala High Court upheld the constitutional validity of Section 29 POCSO. The Court held: (1) The presumption of innocence is not an absolute constitutional right — Parliament can create reverse burdens for compelling reasons such as protection of children. (2) Section 29 does not violate Article 20(3) (right against self-incrimination) because the accused is not compelled to give evidence — the burden is to lead rebuttal evidence, which can be documentary or through witnesses. (3) The reverse burden is justified by the nature of POCSO offences — they typically occur in private with no witnesses; placing the entire burden on the prosecution would frustrate the purpose of the Act. (4) Several provisions in other statutes (NDPS, Prevention of Corruption Act) impose similar reverse burdens, all upheld as constitutional.