In a society, if someone violates the law, the police officers file a report and arrest him, but the police have no power to decide whether the person is guilty or not. The court alone has the power to decide whether the accused is guilty or not, and here according to the Constitution, every citizen charged with a crime must be given a fair trial.
To manage this entire end-to-end process, the criminal justice system consists of three main agencies that process a case from file report through inception; Through trial; to punishment. The main objective of the criminal justice system is to protect the liberty of individuals against the encroachment of others. The case begins with an investigation officer, who gathers the evidence to identify the presumed perpetrator. Criminal law and criminal procedure are included in the concurrent list of the Seventh Schedule of the Constitution. The case proceeds through the court system, which weighs the evidence to determine that the defendant is guilty beyond a reasonable doubt.
Fair Trial
A fair trial is considered a fundamental human right for all convicted persons. It is recognized nationally and internationally. The concept of a fair trial is very ancient and the first traces are found in 1215, the Magna Carta, which gave all human beings the right to a fair trial by jury. The Universal Declaration of Human Rights (UDHR) under Article 10 and the International Covenant on Civil and Political Rights (ICCPR) in Article 14 recognize the concept of fair trial even at the global level. In the Constitution of India, a fair trial ensures that Article 21 of the Constitution is upheld.
In Rattiram Vs. the State of Madhya Pradesh, the Supreme Court held that a fair trial is the heart of criminal jurisprudence. In Himanshu Singh Sabharwal vs. Madhya Pradesh, the Supreme Court held that if the court is satisfied that the prosecuting action has not been conducted by a fair trial, the court can exercise its power under Section 311 of the Code or Section 165 of the Indian Evidence Act. 1872, to pursue the cause of justice. In Naresh Shridhar Mirajkar Vs. the State of Maharashtra, the Supreme Court held that the right to an open trial cannot be denied except in exceptional cases. In Moti Lal Saraf Vs the Union of India, the Court held that the concept of fair and speedy trial is an integral part of Article 21 of the Constitution.
Fair Trial Rights available to an accused
- Protection from illegal arrest under Article 22 of the Constitution.
- An accused has the right to know what charge is framed against him and the offense punishable under the IPC section.
- The accused must be produced before a judicial magistrate within 24 hours of their arrest. If the investigation is not completed within 24 hours, the Magistrate can order him for a police investigation for 15 days under Section 167 of Cr. p. C.
- The arrest of the accused should be communicated to his relatives or well-wishers.
- Right to a fair trial in an open court.
- The right to a fair trial under Article 22 gives the accused access to counsel of his choice and secondly under Article 39A, the State must provide counsel to the accused on grounds of poverty and other disability.
- The accused has the right to a speedy trial as “justice delayed means justice denied”.
- an accused is given a full right to defend himself, and for that, a copy of the charge sheet and all other evidence produced by the prosecution against the accused should be given to him.
- The accused have the right to get bail under section 436.
- Relatives or well-wishers of the accused have the right to attend the court hearings and the trial should be held in the presence of the accused.
- Right against self-incrimination under Article 20 (3) means that the accused shall not make any statement under threat, influence, or any other coercion.
- Article 20 (1) of the Constitution of India provides that a person shall be punished only if he commits an offense and is punished by law in force. It prohibits retrospective enhancement of punishment for an offense.
- Section 37A of CR. p. C provides a right of appeal against conviction to the Supreme Court, High Court, and any other Court of Session.
Challenges
Only 16 out of 100 people booked for criminal offenses in India are ultimately convicted, and this is leading to a problem of loss of faith in India’s criminal justice system. Sometimes the accused have to wait for a long time for trial. The judicial procedures are becoming complicated and more expensive day by day. According to NCRB data, 67 percent of the total jail population consists of under-trial prisoners.
Due to outdated laws, states have harassed people through agencies and put pressure on justice. According to the Economic Survey 2018-19, around 3.5 crore cases are pending in the judiciary. In India, a large number of criminals go unpunished in a large number of cases using loopholes in the judicial system. Corruption, heavy workload, and accountability of the police are major obstacles to the speedy and transparent delivery of justice. The current judicial system in India takes years to deliver justice and lacks coordination between the judiciary, prosecution, and police. The rich and powerful are not convicted in most cases and crime and politics have created a new scenario in the Indian criminal justice system.
Reforms undertaken by the Government
- Alternative Dispute Resolution (ADR), Gram Nyayalayas, and Lok Adalats were established to provide instant or speedy justice to the citizens.
- The government has approved the implementation of the modernization of the police force with the proper technology.
- The government scrapped over 1000 obsolete laws leading to smooth administration.
- Victim compensation is now part of the law.
- Permitting videography as statements.
- The definition of rape has expanded.
FAQs on Fair Trial
Question 1: Briefly describe the criminal justice system.
Answer:
The criminal justice system consists of three main agencies that process a case from file report through inception; Through trial; to punishment. The main objective of the criminal justice system is to protect the liberty of individuals against the encroachment of others.
The case begins with an investigation officer, who gathers the evidence to identify the presumed perpetrator. Criminal law and criminal procedure are included in the concurrent list of the Seventh Schedule of the Constitution. The case proceeds through the court system, which weighs the evidence to determine that the defendant is guilty beyond a reasonable doubt.
Question 2: Who is involved in the process of the criminal justice system in India?
Answer:
Accused, victims, the police investigation team, lawyer, public prosecutor, judge.
Question 3: Briefly explain the fair trial.
Answer:
A fair trial is considered a fundamental human right for all convicted persons. It is recognized nationally and internationally. The concept of a fair trial is very ancient and the first traces are found in 1215, the Magna Carta, which gave all human beings the right to a fair trial by jury.
The Universal Declaration of Human Rights (UDHR) under Article 10 and the International Covenant on Civil and Political Rights (ICCPR) in Article 14 recognize the concept of fair trial even at the global level. In the Constitution of India, a fair trial ensures that Article 21 of the Constitution is upheld.