Benefit of doubt – part 1.
what is the benefit of doubt ?
A benefit of doubt is a legal term
when the prosecution failed to prove it’s case beyond all reasonable doubts ,
then the accused is entitled for the benefit of doubts.
What are the reasonable doubts ?
A case is a bundle of facts.
Every fact is internally connected with another fact.
Facts are two types one is material fact and another is immeterial fact.
The interlinked facts are also two types material interlinks and another is immetrial one.
For example :-
Husband is a fact and wife is another fact and second wife is also another fact.
The valid marriage is the interlinked fact.
To prove a case of bigomy
one has to prove the interlinked fact of valid marriages between them.
On the failure , then the question of benefit of doubt will arise.
On the failure to establish some immertial facts
like immeterial formalities of the marriage ,
provides no room for the question of benefit of doubt.
- The Marriage Laws (amendment) Bill, 2010 (advocatemmmohan.wordpress.com)
- The Marriage Laws (Amendment) Bill 2010: Hope It Really Helps Trapped Partners (indowaves.wordpress.com)
- A ‘Hindu’ boy arrested on marrying a Muslim Girl (crimewatchpakistan.wordpress.com)
- Marriage Laws In India (indianlawsandjustice.wordpress.com)