‘The degree of cogence need not reach certainty, but it must carry a high degree of probability.’ In…

In Miller v. Minister of Pensions [1947] 2 All ER 372, Lord Denning explained the standard of proof beyond reasonable doubt required of the prosecution in criminal cases to overcome the presumption of innocence, observing that “it need not reach certainty, but it must carry a high degree of probability.” Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 101 of the Indian Evidence Act, 1872), the legal burden of proving the guilt of the accused beyond reasonable doubt rests on the prosecution. By contrast, a plea of alibi under Section 9 BSA (formerly Section 11 IEA) is a defence raised by the accused on a preponderance of probabilities, the privilege against self-incrimination is a constitutional immunity under Article 20(3), and strict liability dispenses with the requirement of proving mens rea.