Abstract:
This study examines the burden of proof in criminal cases, focusing on the critical balance between
prosecution and defense within Bangladesh's legal system. It explores the foundational principle
of fairness in criminal justice, emphasizing the burden of proof as a key element in the judicial
process. Influenced by its British common law heritage, Bangladesh's legal system presents unique
challenges and characteristics in applying this concept. The study delves into the legal frameworks
governing the burden of proof, particularly the presumption of innocence and the prosecution's
responsibility to prove guilt beyond a reasonable doubt. It addresses the shifting of the burden in
specific cases, such as claims of alibi or insanity, and the role of legal presumptions and inferences
in the trial process. Challenges in establishing a fair burden of proof are explored, including issues
related to evidence quality, witness credibility, legal representation, and systemic challenges in the
judicial system. The study underscores the importance of maintaining a balance in criminal trials
to prevent wrongful convictions and ensure public trust in the judiciary. the study concludes with
important findings and recommendations, emphasizing the necessity for more precise definitions
of 'reasonable doubt', equitable resource distribution, improved legal representation, and a stronger
appellate system. It offers a detailed analysis of the burden of proof in Bangladesh's criminal
justice system, advocating for reforms to achieve a fairer and more efficient justice system.
