Deepak in JC v. State Govt. of NCT Delhi: Supreme Court Explains Limits of POCSO Presumption Under Section 29 and Reverse Burden of Proof
Introduction The Supreme Court of India, in Deepak in JC v. State Govt. of NCT Delhi , decided on 17 September 2026 , examined an important question concerning the appreciation of evidence in prosecutions under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case involved the interpretation and operation of Sections 29 and 30 of the POCSO Act , which create statutory presumptions against an accused in specified circumstances. The Supreme Court clarified that these presumptions do not mean that the prosecution's version must automatically be accepted. The prosecution must first establish the foundational facts necessary for the statutory presumption to operate. Even thereafter, the court must objectively examine the entire evidence and ensure that the accused receives a fair trial. The Court also examined material contradictions in witness testimony, medical evidence, forensic evidence, and the standard of proof in criminal cases. Ultimately, the Supreme ...