A CRITICAL ANALYSIS ON THE RIGHT TO A FAIR TRIAL UNDER INDIAN LAWS BY - RISHI RAJ
A CRITICAL ANALYSIS ON THE RIGHT TO
A FAIR TRIAL UNDER INDIAN LAWS
AUTHORED BY - RISHI RAJ
when we talk about the analysis on
right to a fair trial under indian laws, a defendant has the complete right for
a free trial. There is a provision in our indian constitution as well as in
international treaties in regarding for the purpose of a free trial. As a whole,
it is regarded as a fundamental human right without a free trial, the
individuals who are innocent are convicted leading the violation off the basics
of the rule of law leading to a lead public Justice. The right to a fair trial
is assured or implied by using article 6 of the human rights act. According to
the article 6, everyone is entitled to fair and public hearing within a
responsible time, the trial must be conducted by an independent and imperial
established by law.
"Generally, in Indian laws, fair
trials are guaranteed article 21 of our Indian Constitution and mainly, it is
based on the presumption of innocence. The basic point related to right to a
fair trial is that it is the Critical element of every procedure. These are
those trials which are the core part of the legislation that generally
Guarantees equality.
The trials are an inevitable aspect
to bring out justice. Trials have to be conducted properly following all the
procedures and steps so that it could be fair and free from influences. There
is no proper definition of the term trial in the Code of Criminal procedure,
1973. Trials are an examination of offence by the judicial bodies which have
jurisdiction over it. Section 2015 of the code of Criminal 1973 mandate state in
every trial before the courts of session the public procedure will conduct the
prosecution on the other hand sections 304 of the code of criminal procedure
1973 deals provides that it is the duty of the state to provide it legal
assistance to an accused if the court fees that the accused has no sufficient
and means to appoint a pleader for his defense. Court itself will appoint a pleader in that case at
the expense of the state from here we get the basic ideas behind the fair
trials that these trials are not biased in nature as it involves the equal
representation from both the sides.
Ø Presumption
of innocence: - It is an important factor to Conduct a free trial as it
prevents wrongful convictions. This presumption of innocence is based on the
Blackstone's ratio, which is the idea that It is better that ten guilty persons
escape thaw that one innocent Suffer". At last, It is the duty of the
prosecution to prove that the accused is guilty with proper evidence beyond any
receronable doubts.
This
principle is followed in various cases decided by the Indian courts, in the
case of Dataram single vs. state of Uttar Pradesh; it was held that the
individual freedom Cannot be Cut off for an infinite period as long as the
person is proved guilty. This freedom waw only be affected when the guilty is
proved. But, in contrast, there are certain provisions in the Indian evidence
act like section 111A which acts as an exception for this Presumption of
innocence.
Ø The
independence of the judiciary: - is an important benchmark for. The separation
of powers protect the independence of the judiciary the competency of judges is
important factor that will decide the fate of the judiciary. If the judges
appointed are incompetent the whole process of trial is damage.
Ø The venue
of the trial: - also plays an important role in ensuring the fairness of the
trial. The Court has to be competent to deal with the cases. Section 177 of the
Code of Criminal Procedure,1973 provides that the ordinary place of enquiry or
trial would be the Court within whose local jurisdiction it was committed.
Section 178 of the code of criminal procedure 1973 days with the place of
trial.
Ø Right of
the Accused to know the Accusation: - This idea has a widely Scope in Section
50 of the Code of Criminal procedure also provides that it is the right of
every accused to be informed about the various grounds of arrest. The police
officer has to inform the person of the various reasons for arrest if the
arrest is done without a warrant.
Ø Accused
person to be tried in his presence:-It is necessary for the accused to be tried
in his presence; however, there are certain situations where the magistrate Can
dispense the attendance after considering relevant factors. Section 317 of the
Colle of Criminal procedure, 1973 grants the magistrate this power.
Ø evidence to
be taken in the presence of accused: - Section 273 of the Code of Criminal
procedure, 1973 provides that the Evidence should be taken in the presence of
the acused.The above mentioned procedures are the necessary principles and ideas
that generally deals with the right to fair trials dealing within the
respective jurisdiction.
Ø Expeditious
trial: - According to article 21, of the Constitution, the applicant has an
unalienable fundamental right to a speedy trial.
The main goals of a speedy trial are
to
a) Guarantee
the accused right a speedy trial
b) Resolving
criminal cases following the public interest
Right To Free Legal Aid: -
Legal aid is rooted in human rights,
Article 39A of the Indian constitution, and section 304 of the criminal
procedure code. The court concluded in Khatri v/s State of Bihar, that the
accused is entitled to free legal representation not only during the trial but
also when first presented before the magistrate and while remanded.
Post Trial Rights Avilable To An A
Accused
i.
Lawful Punishment: - Article 20(I) of the constitution
of india explains that a person can be convicted of an offence if the act is
made punishable by law In force. It prohibits the enhancement of punishment for
an offence retrospectively.
ii.
Right To Human Treatment: - Every prisoner has the
right to clear and sanitized environment in the jail, proper medical
facilities, right visit and accessby family member etc.
iii.
Right To File Appeal: - Section 374 of the crpc
provides right to appeal against conviction to supreme court, high court and
session court.
Conclusion: -
From the above mentioned facts and
Critical principles, it is clear that the fair trial is an important right for
every person and for the Society, The Criminal procedure Code has laid Several
provisions in relation to that. Fair trials are the only way to prevent
miscarriages of justice and are as essential part of a just society. In a
trial, a judge should be unbiased and patient enough to listen to both the
parties as what they have to say.