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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 366BBurden of proof.

Sub-title XII

In forceOfficial text

(1) The burden of proof for establishing the guilt of suspects or accused persons shall lie with the prosecution:

Provided that the provisions of this article shall be without prejudice to:

(a) the proviso to sub-article (5) of article 39 of the Constitution;

(b) any obligation of a judge, magistrate or any court or tribunal to seek both inculpatory and exculpatory evidence;

(c) the right of the defence to submit any evidence according to law.

(2) Any reasonable doubt as to the question of guilt shall benefit the suspect or accused person including where the court assesses whether an accused person should be acquitted.

Amendment history
  • Amended by XXXII.2018.6