section 26 indian penal code

INDIAN PENAL CODE

Section 26: “Reason To Believe”

26: “Reason To Believe”::--A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.

COMMENTS

The belief must be in good faith, honest and have rational basis. It is not merely subjective satisfaction. It contemplates an objective determination based on intelligent care and determination involving judicial review.–Melina Fernandes v. Mohan Nair AIR 1966 Goa 23

Existence of the circumstances must be such as to justify the belief in the objective sense. Any reasonable person must be able to consider certain facts to be probable. Reason to believe must be an honest belief in the guilt of the accused based on reasonable grounds of the existence of several circumstances which if assumed to be true would reasonably lead an ordinary prudent and cautious man, placed in the position of the accuser, to the conclusion that the person charged is probably guilty of the crime imputed.– Hazari Lal v. State,1984(7) DRJ 310:1984(2) Crimes 395

It cannot be arbitrary, capricious or whimsical.