As of April 15, 2025, the Bombay High Court has reaffirmed that the presumption of guilt under Section 29 of the Protection of Children from Sexual Offences (POCSO) Act is not absolute. This presumption applies only when the prosecution establishes foundational facts—such as the victim’s age and the commission of specific offenses under Sections 3, 5, 7, and 9 of the Act—beyond a reasonable doubt. Without this foundational evidence, the presumption cannot be invoked.
In a recent bail order, the court emphasized that merely raising allegations is insufficient; the prosecution must substantiate its case with credible evidence. The judge cautioned against applying the presumption without addressing essential facts, as it could lead to unjust outcomes.
This stance aligns with previous rulings from other High Courts, including the Delhi and Madras High Courts, which have similarly held that the presumption of guilt under Section 29 is contingent upon the prosecution proving foundational facts. LawBeat+4
In summary, the Bombay High Court’s recent decision underscores that the presumption of guilt under the POCSO Act is not automatic and must be based on solid foundational evidence presented by the prosecution.
Sources