POCSO Act Section 29 — Presumption as to certain offences

Summary

When a person is prosecuted for committing, abetting, or attempting to commit an offence under sections 3, 5, 7, or 9 of this Act, the Special Court must presume that the person has committed, abetted, or attempted to commit the offence, as the case may be. This presumption applies unless the contrary is proved, meaning the accused person bears the burden of proving their innocence in such cases.

Official Text

Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.

Sections referred to

• POCSO Act §3 — Penetrative sexual assault
• POCSO Act §5 — Aggravated penetrative sexual assault
• POCSO Act §7 — Sexual assault
• POCSO Act §9 — Aggravated sexual assault

Related Judgments

• SAMBHUBHAI RAISANGBHAI PADHIYAR vs STATE OF GUJARAT — Supreme Court of India (2024)
• THE STATE OF UTTAR PRADESH vs ANURUDH & ANR — Supreme Court of India (2026)
• STATE OF BIHAR vs RAJBALLAV PRASAD@ RAJBALLAV PP. YADAV@ RAJBALLABH YADAV — Supreme Court of India (2016)
• FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) vs UNION OF INDIA AND OTHERS — Supreme Court of India (2019)
• SUMITHA PRADEEP vs ARUN KUMAR C.K & ANR — Supreme Court of India (2022)
• ATTORNEY GENERAL FOR INDIA vs SATISH AND ANOTHER — Supreme Court of India (2021)