Rigid POSCO Act discussed in moot court competition at Amity University, Mumbai

Amity Law School, Amity University, Mumbai conducted an Intra-Department Moot Court Competition for the students of Semester IV and VI on very important topic of POSCO Act. The Vice Chancellor Prof. (Dr.) A.W. Santhosh Kumar, Registrar Dr. H S Vyas and Director and Dean Research (i/c) Dr. Penna Suprasanna were the Judges the participants.

Is the inverse burden doctrine established under the POSCO Act constitutional? And whether the Criminal Procedure Act 2022 is unconstitutional? These are the two questions posed to the participating students in preparation for their arguments.

The doctrine of reverse burden refers to a legal principle where the burden of proof is shifted from the prosecution to the accused, requiring the accused to prove their innocence, rather than the prosecution proving guilt beyond a reasonable doubt.

In the context of the POSCO Act, certain provisions impose a reverse burden on the accused. For instance, Section 29 of the POSCO Act requires the accused to prove that they did not commit the offense, in cases where the victim is a child and the offense is sexual assault, sexual harassment, or using a child for pornographic purposes. Similarly, Section 30 of the POSCO Act imposes a reverse burden on the accused to prove that they did not possess, create, or distribute child pornography. The constitutionality of the doctrine of reverse burden under the POSCO Act has been a subject of judicial scrutiny.

The team consisting of Tessa Sera Abraham, Sreyash Santosh Nair and Sreejesh Santosh Nair were adjudged the Winners and the Team consisting of Akhil Garg and Nihaal Noushad won the Runners Up Prize. Tessa Sera Abraham won the Best Speaker Award and the Team consisting of Akhil Garg and Nihaal Noushad won the Best Memorial Award.

The doctrine of reverse burden imposed under the POSCO Act has been held to be constitutionally valid by the Supreme Court of India, as it serves the compelling state interest of protecting child victims of sexual offenses. However, concerns about potential abuse and misuse of the reverse burden provisions remain, and it is important for the authorities to ensure that the rights of the accused are safeguarded during the investigation and trial process. There was an overwhelming response for the moot court spectating by the students and faculty.