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ANALYSIS OF SAFEGAURDS GUARANTEED TO AN ACCUSED UNDER INDIAN CRIMINAL JUSTICE SYSTEM BY:- SMT. VARSHARANI KUNDLIK GANGARDE
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ANALYSIS OF SAFEGAURDS GUARANTEED
TO AN ACCUSED UNDER INDIAN CRIMINAL JUSTICE SYSTEM
SUBMITTED
BY:- SMT. VARSHARANI KUNDLIK GANGARDE
CLASS:-
LL.M 1st YEAR, SEMESTER:2
ROLL NO.119
(2023-2024)
Progressive
Education Society's
Modern Law
College, Pune
Savitribai
Phule Pune University,Pune 411007
ABSTRACT:
The criminal justice administration
systems in India place human rights, liberty and dignity for human life at a
much higher pedestal. In constitutional jurisprudence of criminal justice
systems, an accused is presumed to be innocent till proved guilty this
principle enshrined in legal maxim "Ei incumbit probatio qui dicit non qui
negat".[1] That the Administration of justice is not only limited to the conviction of the
guilty person and acquittal of the innocent one but it also deals with the fair
and speedy trial. The
alleged accused is entitled to true investigation and fair trial and the role
of prosecution is expected to be balanced in the trial of a crime. The term
accused is not defined under Indian Penal Code or Code of Criminal Procedure or
any other penal law. Generally, a person who charged with a crime and if
convicted then to be punished is term as accused. In simple words a person who
involved in the commission of an offence is called as accused. Cardinal
principle of criminal law is accused presumed to be innocent until prosecution
proved guilt beyond reasonable doubt. However, if accused came to be arrested
then his reputation damaged irreparably tarnishes the name of his family and deprive
the source of sustenance. That arresting any person without following due
process of law is serious infringement of individual liberty. Therefore, in
this article I will make endeavor to highlight certain safeguards provided to
accused in Indian criminal justice administration system which can easily
assist any person dealing with criminal case and to obviate the fear in the
mind of the accused.
INTRODUCTION:
As per the principle enshrined Constitution of India, "No person
shall be deprived of his life or personal liberty except according to procedure
established by law,[2] nor shall any person be denied
equality before the law or the equal protection of the laws within the
territory of India". That process of arrest must be just, fair, legal and
justified. In India there is principle of criminal law that accused has to
presumed to be innocent until guilt is proved. This article is in the context
of the procedural and constitutional rights of the accused before and after the
arrest and landmark Judgments in India.
SAFEGUARD OF ACCUSED UNDER CONSTITUIN
OF INDIA:-
1.
RIGHT TO EQUALITY
Equality before Law:- The State shall not deny to any person
equality before the law or protection of
Laws within the territory of India.[3]
2. PROTECTION AGAINST EX POST FACTO
LAW :
Protection in respect of conviction for
offences.
Art. 20(1) of Constitution of India: No person shall be
convicted of any offence except for violation of the law in force at the time
of the commission of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in
force at the time of the commission of the offence.[4]
Legislature can make law prospective or
retrospective. However this article provides limitation on law making power and
prohibit to make retrospective criminal law i.e. ex post facto law.
3. PROTECTION AGAINST DOUBLE JEOPARDY
:-
As per provision
enshrined in Art. 20(1) of
Constitution of India no person shall be prosecuted and punished for the same offence
more than once.[5] And we can observe
this principle common law rule in maxim " Nemo debet bis vexari pro una et eadem causa"[6].
Section 300 of Code of Criminal Procedure incorporate
principle of double jeopardy.
The personal liberty of citizens and others
is covered by Articles 20 to 22, according to a recent ruling by the Honorable
Supreme Court. No one shall be punished more than once for the same offense,
according to Article 20(2). Statutory protections found in Sections 300 of the
CrPC, 40 of the Indian Evidence Act, 1872, 71 of the IPC, and Section 26 of the
General Clauses Act, 1897, all serve as further safeguards against double
jeopardy.[7]
4. PROTECTION AGAINST SELF
INCRIMINATION :-
Article 20(3) of Constitution:
No person who is an accused of any offence shall
be compelled to be a witness against himself. In the one case before the Hon’ble
Supreme Court issue was whether the involuntary administration of the impugned
techniques Narco Analysis Test, polygraph examination and the Brain Electrical
Activation Profile (BEAP) test violates the “right against self-incrimination”
enumerated in Article 20(3) of the Constitution? Hon’ble Supreme Court has held that these kind of techniques violates the right against self-incrimination
guranteened under Constitution. This is because the underlying rationale of the
said right is to ensure the reliability as well as voluntariness of statements
that are admitted as evidence. Hon'ble Supreme Court has recognised that the of
Article 20(3) of Constitution extends to the investigative stage. Section
161(2) of the Code of Criminal Procedure, 1973 protects accused persons,
suspects and witnesses who are examined during an investigation. The result of
test cannot be admitted in evidence if they have been obtained by compulsion
and without consent. The results obtained from such tests cannot be treated as
material evidence. that none of the methods in question should be used against
an individual in any way, not even when conducting a criminal inquiry. That
would be an unjustified infringement on someone's right to personal freedom.”[8]
5. Protection of Life and Personal Liberty
Article 21 of Constitution: No Person shall be deprived of his life or personal liberty
except according to procedure established by law. Freedom of life and liberty
is the most important fundamental right of human being.[9]
In Maneka Gandhi Vs Union of India, Hon’ble Supreme Court has held that
law and procedure must be fair, just and reasonable this is very important aspect.[10]
In respect of Speedy trial, the
Hon'ble Supreme Court has observed in the case of Hussainara Khatun Vs.
State of Bihar AIR 1979 SC 1360, A procedure would violate
Article 21 and cannot be considered reasonable, fair, or just if it does not
guarantee a reasonably speedy trial.[11]
6.PROTECTION AGAINST
ARBITRARY ARREST AND DETENTION :- Protection against arrest and detention: (Art. 22
of Constitution)
This
article offers some protection in the event of an arrest. The reason for an
arrest must be disclosed to any person under custody. He also has the right to
consult an advocate, which cannot be restricted. The person who has been
arrested must appear before a judicial magistrate within twenty-four hours of
the arrest. This right does not, however, apply to anyone who is now an enemy
alien or who has been arrested or held in accordance with a legislation that
calls for preventative custody.[12]
Section 41D of the Code of the
Criminal procedure :
Right of arrested person to meet an
advocate of his choice during interrogation:- Any person who is detained
and questioned by the police has the right to speak with advocate of his choice
during that portion of the process, but not all of it.
Section 303 of the Code of the
Criminal procedure: Right of person against whom proceedings
are instituted to be defended:
Any individual facing charges in a
Criminal Court or facing legal action under this Code is entitled to legal
representation from a chosen pleader.[13]
Article 39A of Constitution: Equal Justice and Free Legal
Aid.
Through appropriate legislation, the state
will ensure that the legal system operates in a way that advances justice based
on equal opportunity and will, in particular, offer free legal aid or schemes
or in any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic disabilities.[14]
Section 304 of the code of the
criminal procedure provides that where, in a trial before the
court of session, the accused is not represented by a pleader, and The court
shall appoint a pleader for defense of accused at the state's expense if it
appears that the accused lack of financial means to hire one.[15]
In the landmark case that pertains
to the principles of justice and legal aid is HussainaraKhatoon v. State of Bihar. In this case, the Supreme
Court of India emphasized the right to speedy trial and held that the state is
under an obligation to provide free legal aid to an accused person who is not
able to seek legal representation.[16]
In the landmark case of Khatri v. the State of Bihar, it has been
made mandatory for Session Judges to inform the accused person about their
rights to free legal aid and also advise accused if they are unable to appoint
a counsel to defend for themselves because of poverty or destitution.[17]
In Sheela Barse v. Union of India, The Hon'ble Court decided that
Article 21 of the Indian Constitution guarantees everyone the fundamental right
to speedy trial..[18]
Also, in the case of Suk Das v. Union Territory of Arunachal Pradesh,
Hon'ble court has stated that India has many illiterate people unaware of their
rights. As a result, it is critical to develop legal literacy and awareness
among the general public and is also an essential component of legal aid.[19]
Any person can set the law in motion by
filing complaint of cognizable offence. Investigation Officer by conducting
investigation files charge-sheet before court. The accused undergoes trial by
examination of witnesses. After conclusion of trial, a Judge may deliver
judgment whereby either acquit or convict accused.
Thus, we can divide entire criminal procedure into three
parts i.e. (A) During investigation, (B) During trial and (C) after trial.
(A)
SAFEGAURD TO ACCUSED DURING
INVESTIGATION :-
The
first stage of a criminal administration system is the pre-trial stage. Here an
FIR is filed on the basis of which the police makes arrest of a accused person,
searches his property. That the stages prior to the commencement of a court
trial are extremely crucial. So, any person accused of a crime must be granted
the following rights.
1)
Section 41A of The Code of the
Criminal procedure provides the notice of appearance of arrested
person before a police officer.
- The police officer shall, in all
cases where the arrest of a person is not required under the provisions of
sub-section (1) of section 41, issue a notice directing the person to
appear before him or at any other location that may be specified in the
notice. This person must be the subject of a reasonable complaint,
credible information, or a reasonable suspicion that he has committed a
cognizable offense. If such person comply with notice, he shall not be
arrested. But on failure, person can be arrested for reasons recorded, by the
police officer believes that he should be arrested.
- Where such person, at any time,
fails to comply with the terms of the notice or is unwilling to identify
himself, the police officer may, subject to such orders as may have been
passed by a competent Court on this behalf, arrest him for the offense
mentioned in the notice.[20]
In Arnesh Kumar vs. State of Bihar &Anr, the Supreme Court has
directed that the notice of appearance in section 41A CrPC should be served on
the accused before making the arrest. The Court issued directions to prevent
unnecessary arrests. That the court is of opinion that such arrests are
humiliates, curtails freedom and leave behind scars forever. The endeavor is to
ensure that police officer should not arrest accused unnecessarily and
Magistrate should do not authorize such detention in casual and mechanical
manner. The Supreme Court also gave the following directions:
- All the State Governments to
instruct its police officers not to automatically arrest when a case under
Section 498-A of the IPC is registered but to satisfy themselves about the
requirements for arrest are laid down under Section 41, Cr.P.C.;
- All police officers be provided
with a check list containing specified sub-clauses under Section
41(1)(b)(ii);
- The police officer shall forward
the check list duly filed and furnish the reasons and materials which
necessitated the arrest, while forwarding/producing the accused before the
magistrate for further detention;
- The Magistrate while authorizing
detention of the accused shall peruse the report furnished by the police
officer in terms aforesaid and only after recording its satisfaction, the
Magistrate will authorize detention;[21]
- The decision not to arrest an
accused, be forwarded to the Magistrate within two weeks from the date of
the institution of the case with a copy to the Magistrate. that period of
two weeks may be extended by the Superintendent of police of the district
and the reasons for same has to be recorded in writing;
- Notice of appearance in terms of
Section 41A of Cr.P.C. be served on the accused within two weeks from the
date of institution of the case, that two weeks may be extended by the
Superintendent of Police of the District and reasons for that has to be
recorded in writing;
- Failure to comply with the
directions aforesaid shall apart from rendering the police officers
concerned liable for departmental action, they shall also be liable to be
punished for contempt of court.
- Authorizing detention without
recording reasons as aforesaid by the judicial Magistrate concerned shall
be liable for departmental action by the appropriate High Court.[22]
That in Munawar Vs. The State of M.P[23]., Hon'ble Supreme Court directed to follow direction as
mandated by the Supreme Court in Arnesh Kumar Vs. the state of Bihar, In
Munawar case since the police had failed to issue a notice under Section 41A
Cr.P.C., the applicants ought to have been straightway admitted to interim bail
.
2)
Section 41B of the Code of the
Criminal procedure
states the arrest procedure and duties of the officer making an arrest. Unless
the memorandum is attested by a member of his family, inform the person
arrested that he has a right to have a
relative or a friend named by him be informed of his arrest.
3)
Section 41D of the Code of the
Criminal procedure stipulates that when any person is arrested
and interrogated by the police, such person is entitled to meet advocate of his
choice.
4)
Section 49 of the Code of the
Criminal procedure stipulates that the person arrested shall not
be subjected to more restraint than is necessary to prevent his escape.
5) RIGHT TO BE INFORMED OF GROUND OF
ARREST AND OF RIGHT OF BAIL :– Section
50 of CrPC.
Every police officer or other person arresting any
person shall forthwith communicate to him full particulars of the offence for
which he is arrested or other grounds for such arrest. At the time of arrest,
duty casted on police officer to prepare memorandum of arrest which is attested
by at least one family member of the person arrested and counter signature of
person arrested. This enables the arrested person to know the grounds of arrest
and to prepare for his defence.[24] Article 22 (1) of Constitution of
India provides the right to be informed ‘as soon as may be’ of ground of
arrest.
6. RIGHT TO BAIL IN BAILABLE OFFENCE
:–
If
accused arrested in bailable offence, the police officer shall inform the person
arrested that he is entitled to be released on bail and that he may be arrange
surety. The principle is bail is rule and jail is the exception.
Section 50 (2) of the Code of the
Criminal procedure
states that where a police officer arrests without warrant any person other
than a person accused of a non-bailable offense, that person arrested must be
informed that he is entitle to release on bail and prepare to furnish surety.
7. Section 50-A of the Code of the Criminal procedure talks about the obligation of the
police officer making the arrest to inform about the arrest to a nominated
person –
Every police officer or other person
making any arrest under this Code shall forthwith give the information
regarding such arrest and place where the arrested person is being held to any
of his friends, relatives or such other persons as may be disclosed or
nominated by the arrested person to give such information.[25]
8. Section 55 of the Code of the
Criminal procedure stipulates that the subject to the terms of
the arrest, a police officer who arrests without a warrant should produce the
arrested individual without undue delay before the Magistrate with jurisdiction
or a police officer in charge of the police station.
9. Section 75 of the Code of the
Criminal procedure provides
that the police officer or other person executing a warrant of arrest shall
notify the substance thereof to the person to be arrested and, if so required,
shall show him the warrant.
10. RIGHT TO PRODUCE WITHIN 24
HOURS BEFORE MAGISTRATE :–
Section 76 of the Code of the
Criminal procedure :
(r/w Art.22)
The police officer or other person executing a warrant of arrest shall
(subject to provision of section 71 as of security) without unnecessary delay,
bring the person arrested before the Court before which he is required by law
to produce such person:
Provided that such delay shall not, in any case, exceed twenty- four
hours exclusive of the time necessary for the journey from the place of arrest
to the Magistrate's Court.
Article 22 (1) of Constitution of
India provides that the arrested individual should be
produced before a judicial magistrate within 24 hours of his arrest. When the police arrest a person has
to bring before Judicial Magistrate without any delay and longer period under
all the circumstances shall not exceed 24 hours exclusive of a time necessary
for journey from the place of arrest to the Magistrate’s court. In case of a
complaint Magistrate should check the time of arrest by questioning the person
accused and see that this important constitutional safeguard for the personal
liberty of the subject is not violated. If there is failure to produce before
Magistrate within 24 hours it would be made arrest illegal.
In the historic ruling in Joginder Kumar v. State, it was decided that
even though the police were legally permitted to detain anyone in connection
with a criminal investigation, each arrest had to be appropriate. Arrests could
not be made on a regular basis based only on a suspicion or accusation that
they were involved in a crime.[26]
11. RIGHT NOT TO BE
HANDCUFFED :–
In
the event of making an arrest the police officer shall not handcuffed or
chained the accused. In the case of Citizens for Democracy Vs State of Assam
& Others Hon’ble Supreme Court has held that handcuffing is prima
facie inhuman, unreasonable, arbitrary and as such repugnant to Article 21 of the Constitution of
India. To prevent the escape of an under-trial is no doubt in public interest, but to bind a man
hand-and-foot, fetter his limbs with hoops of steel, shuffle him along in the
street and stand nun for hours in the courts is torture to him, defile his
dignity, vulgarise society and foul the soul of our constitutional culture. [27]
12. RIGHT OF ACCUSED TO MEET AN
ADVOCATE DURING INTERROGATION :– (Section 41D of CrPC, r/w Art.22(2))
When
any person is arrested and interrogated by the police, he shall be entitled to
meet an advocate of his choice during interrogation.
13. RIGHT OF WOMAN ACCUSED:- Section 46(4) of CrPC
No
woman shall be arrested after sunset and before sunrise. Only in exceptional
circumstances, woman can arrest after sunset, but prior to that police officer
to make written report and obtained prior permission of the Judicial Magistrate
First Class within whose local jurisdiction offence committed or arrest to be
made. Arrest of woman must be made by lady police officer or in the presence of
lady police.[28]
Women
accused of any offence, if arrested so soon after child birth that they cannot
at once be taken before the Magistrate without personal suffering and risk to
health, should not ordinarily be removed until they are in a proper condition
to travel. They should be allowed to remain under proper charge in the care of
their relations, or be sent to the nearest dispensary and suffered to remain
there until the officer in charge of the dispensary certifies that they are
sufficiently recovered. In such cases, sanction must be obtained by the Police
from the nearest Magistrate for their detention at their homes, or in the
dispensary, beyond the period of 24 hours allowed by Section 57 of the Code of
Criminal Procedure. The same procedure should be followed in the case of other
accused persons who are too ill to travel. [29]
14.
RIGHT TO BE DEFENDED BY LAWYER DURING REMAND :-
If
a person arrested is unable to appoint lawyer, then it is a duty of a court to
employ a lawyer for him. In the case of Md. Ajmal Md. Amir Kasab Vs State of
Maharashtra Hon’ble Supreme Court held that it is the duty and obligation
of the Magistrate before whom a person accused of committing a cognizable
offence is first produced to make him fully aware that it is his right to
consult and be defended by a legal practitioner and in case he has no means to
engage a lawyer of his choice, that one would be provided to him from legal aid
at the expense of the State. The right flows from Articles 21 and 22(1) of the
Constitution and needs to be strictly enforced. We, accordingly, direct all the
Magistrates in the country to faithfully discharge the aforesaid duty and
obligation and further make it clear that any failure to fully discharge the
duty would amount to dereliction in duty and would make the Magistrate
concerned liable to departmental proceedings.[30]
15. RIGHT
TO KEEP SILENCE.
Section 164 of CrPC When a confession or statement is
made in court, the magistrate must determine whether the announcement was made
voluntarily or not. No one can be compelled to speak in court against their
will. The right to remain silent is based on constitutional provisions. The
right to a fair trial is important because it helps ensure that people are
treated fairly in court.
Article- 20(3)
of the Constitution of India reiterates that no person accused of any offence
shall be compelled to be a witness against himself.[31]
In the Landmark judgment of Nandini
Sathpathy vs. P.L. Dani & others,the Court noted that Article 20(3)
existed in the form of general fundamental right protection and was available
to every accused person in India. Still, its wording was not very specific
about which situations it applied to. Also, no one can forcibly extract
statements from the accused, and the accused has the right to keep silent
during interrogation (investigation).[32]
16. RIGHT TO MAKE COMPLAINT ABOUT
ILL-TREATMENT DURING CUSTODY :-
Use of third-degree method by
police is prohibited. If any allegation of ill-treatment is made by a person
arrested, the Magistrate shall then and there examine his body, if he consents,
to see if there are any marks of injuries as alleged, and shall place on record
the result of his examination. If the prisoner refuses to permit such
examination, the refusal and the reason therefore, shall be recorded. If the
Magistrate finds that there is reason to suspect that the allegation is well founded,
he shall at once record the complaint and cause the prisoner to be examined by
a Medical officer or Registered Medical Practitioner as provided in Section 54
of the Code of Criminal Procedure and shall make a report to the Sessions
Judge.[33]
16A. Right
to be examined by medical practitioner:
Section 54 of the Code
of the Criminal procedure stipulates that when any person is arrested, he shall be examined by a
medical officer in the service of central or state Governments and in case the
medical officer is not available by a registered medical practitioner soon
after arrest is made:
Provided that where the arrested person is a female, examination of body
shall be made only by or under the supervision of female medical officer and in
case female medical officer is not available, by a female registered medical
practitioner.
the medical officer or medical practitioner shall prepare the record of
examination mentioning injuries or mark of violence, approximate time when such
injuries or marks may have been inflicted and copy of report shall be furnished
to the arrested person or person nominated by such arrested person.[34]
16B.
Health and Safety of arrested person: Section 55A CrPC:
It shall be the duty of the person having custody of an accused to take
reasonable care of the health and safety of the accused.[35]
17. RIGHT TO DEFAULT BAIL :–
Section 167 of Code of Criminal Procedure
provide certain time limit for detention during investigation. Whenever any
person is arrested and detained in custody, and it appears that investigation
cannot completed within period of NINETY
DAYS where investigation is relates to an offence punishable under with
death, imprisonment for life or imprisonment for a term of not less than ten
years, and SIXTY DAYS where the
investigation relates to any other offences, and on expiry of said period of
ninety days or sixty days, the accused shall get indefeasible right to release
on bail.[36]
18. SAFEGAURD TO ACCUSED AFTER
CONCLUSION OF INVESTIGATION :-
After
investigation, if Investigation Officer to take the opinion that there is no
sufficient evidence then he files report under section 169 of Code of Criminal
Procedure. However Investigation Officer files final report i.e. A, B, C
summary report or if sufficient evidence gathered then Investigation Officer
file charge-sheet under section 173 of Code of Criminal Procedure.[37]
19. RIGHT TO GET COPIES OF
CHARGE-SHEET FREE OF COST :-
It
is a duty of a Magistrate to furnish copy of charge-sheet free of cost to the
accused. Section 207 of Code of Criminal
Procedure provides that copy of police report be furnished to accused free
of cost so that accused can able to know the charge brought against him. Section 208 of Code of Criminal Procedure
provides for cases instituted on complaint where Magistrate issuing process
under offence exclusively triable by Sessions court. In such cases Magistrate
to furnish copy of complaint, 202 report, issue process order etc. to accused. [38]
20. RIGHT TO DISCHARGE :-
If
a Magistrate or Sessions Judge after going through a record and after hearing
both sides, comes to the conclusion that no prima facie case is made out or no
sufficient ground exists to proceed against accused or charge against the
accused to be groundless, then accused shall be discharged.[39]
(B) SAFEGAURD TO ACCUSED DURING TRIAL :-
1. ACCUSED PRESUME TO BE INNOSANT
DURING TRIAL :-
Under
criminal jurisprudence, the accused presumed innocent until proven guilty. The
burden is cast upon the prosecution to prove the offence alleged against an
accused beyond reasonable doubt to fasten criminal liability on the accused.[40]
2. RIGHT TO KNOW CHARGES LEVELLED
AGAINST HIM :-
If
after consideration of material on record, the Magistrate or Judge is of
opinion that there is grounds for presuming that accused has committed an
offence, he shall frame charge in writing against accused. It is duty of court
to read over and explain charge to the accused in vernacular language.
3. RIGHT TO SPEEDY TRIAL :-
In
Hussainara Khatoon Vs. Home Secretary, State of Bihar Hon’ble Supreme
Court held that Article 21 confers a fundamental right on every person not to
be deprived of his life or liberty, except according to procedure established
by law; that such procedure should be “reasonable, fair and just”. The Court
further observed that “No procedure which does not ensure a reasonably quick
trial can be regarded as reasonable, fair or just' and it would fall foul of
Article 21. There can, therefore, be no doubt that speedy trial, and by speedy
trial we mean reasonably expeditious trial, is an integral and essential part
of the fundamental right to life and liberty enshrined in Article 21”.[41]
4. RIGHT TO BE PRESENT DURING TRIAL
:-
Section 273 of Code of Criminal Procedure
provides that all evidence and statements must be recorded in the presence of
the accused or his criminal lawyer. The accused also right to cross-examine
prosecution witnesses.
In
the technology era, the accused may present via video conference system. Recording
of evidence by way of video conferencing vis-a-vis Section 273 Cr.P.C. has been
held to be permissible in a decision of State of Maharashtra Vs. Dr.
Prafulla B. Desai[42].
5. RIGHT TO EXPLAIN EVIDENCE: (SEC
313 OF CRPC)
After
prosecution evidence is completed and incriminating evidence brought on record,
a duty casted on the court to examine accused and give him opportunity to
explain any circumstances which may tend to incriminate him. Section 313 of
Code of Criminal Procedure is applies to Summary trial, summons trial, warrant
trial as well as sessions case trial.[43]
6. Right to be defended by a pleader of his
choice :-
Section 303 of Code of Criminal Procedure:
R/W Art.22 of constitution.
Any person accused of an
offence before a Criminal Court, or against whom proceedings are instituted
under this Code, may of right be defended by a pleader
of his choice.
(C) SAFEGAURD TO ACCUSED AFTER TRIAL
1. RIGHT TO GET COPY OF JUDGMENT FREE OF COST IN CASE OF
CONVICTION :-
When
the accused is sentenced to imprisonment, a copy of the judgment shall,
immediately after the pronouncement of the judgment, be given to him free of
cost.
2. RIGHT TO APPEAL FROM CONVICTION :-
Any
person convicted on a trial in which a sentence of imprisonment awarded, has
statutory right to appeal to the court as prescribed under section 274 of Code of Criminal Procedure.
3. RIGHT TO RELEASE ON PROBATION :-
Section 4 of Probation of Offenders Act.
Any
person is convicted for the offence not punishable with death or imprisonment
for life and the court by which the person is found guilty is of opinion that,
having regard to the circumstances of the case including the nature of the
offence and the character of the offender, it is expedient to release him on
probation of good conduct, then, notwithstanding anything contained in any
other law for the time being in force, the court may, instead of sentencing him
at once to any punishment direct that he be released on his entering into a
bond, with or without sureties, to appear and receive sentence when called upon
during such period, not exceeding three years, as the court may direct, and in
the meantime to keep the peace and be of good behaviour.
4. RIGHT AGAINST SOLITARY CONFINEMENT
:-
In
Sunil Batra (1) Vs Delhi Administration, the important question raised
before the Supreme Court was whether solitary confinement imposed upon
convicted prisoners was violative of Article 14, 19, 20 and 21 of Constitution
of India. Hon’ble Supreme Court held that continuous keeping a prisoner in
fetters day and night reduces the prisoner from a human being to an animal and
that this treatment was cruel and unusual the use of bar fetters was against
the spirit of Constitution. However
section 56 of Prison Act declared valid.[44]
5. RIGHT TO COMPENSATION :-
Section 358 of Code of Criminal Procedure.
Whenever
any person causes a police officer to arrest another person, if it appears to
the Magistrate by whom the case is heard that there was no sufficient ground
for causing such arrest, the Magistrate may award such compensation.
CONCLUSION
:-
The
purpose of any criminal justice system is to punish the offender and protect
the innocent. The wrong doer should be punished in accordance with the law and
the innocent should be safeguarded by the law. That Criminal proceedings start
with the presumption of innocence of accused. All aforementioned provisions
serve to protect the dignity of the accused as a human being. There were
several incidents of custodial tortures and deaths. It seems that inspite
providing various legal safeguards, police regularly arrested person accused as
routine course. Of course, the accused may be arrested by using procedures
established by law, but the rights of the accused cannot be putting aside.
Thus, it is a matter of concern for all that innocent must not suffer in the
name of justice. The criminal justice administration systems in India place
human rights, liberty and dignity for human life at a much higher pedestal. The
alleged accused is entitled to fair and true investigation and fair trial and
the prosecution is expected to play balanced role in the trial. The criminal
justice administration system should be judicious, fair, transparent and
expeditious to ensure compliance with the basic rule of law.
BIBLIOGRAPHY
Statue:
1. The Code of Criminal of Criminal
Procedure, 1973.
Books:
1. Dr.J.N.Panday , Constitutional Law Of
India.
2. Dr.
Anirudh Prasad, Outlines of Legal Language in India.
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[42] State of Maharashtra Vs. Dr. Prafulla B. Desai (2003)4 SCC 601
Article Information
ANALYSIS OF SAFEGAURDS GUARANTEED TO AN ACCUSED UNDER INDIAN CRIMINAL JUSTICE SYSTEM BY:- SMT. VARSHARANI KUNDLIK GANGARDE
Authors: SMT. VARSHARANI KUNDLIK GANGARDE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/16
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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