Reverse burden of proof
Also called: Burden of proof on the accused · Topic: Citizenship: Idea and Indian Law · NCERT: Beyond NCERT
Meaning
Normally, the side that makes a claim has to prove it. A reverse burden of proof flips this rule. The person whose status is questioned has to prove the claim wrong. In Indian citizenship law, Section 16 of the Immigration and Foreigners Act 2025 (in force from 1 September 2025) says a person suspected of being a foreigner must prove they are not a foreigner. The section overrides the Bharatiya Sakshya Adhiniyam 2023, the main law on evidence. This matters because a long-settled resident may have to find old papers about their parents and place of birth just to show they belong.
Example
In Assam, the Illegal Migrants (Determination by Tribunals) Act 1983 (IMDT) put the burden on the complainant. In the Sarbananda Sonowal case (2005), the Supreme Court struck that Act down. After that, cases went back to Foreigners Tribunals, where the person accused has to prove their citizenship. The 2025 Act keeps this rule.
Don't confuse with
- Presumption of innocence: in ordinary criminal trials, the accused is treated as innocent and the state must prove guilt. A reverse burden removes this protection for one specific question, here whether someone is a foreigner.
- Burden on the complainant (IMDT model): under the IMDT Act, the person making the complaint had to prove the other person was a foreigner. That is the ordinary rule, not a reverse burden.