Critical Analysis on Right to a fair trial under Indian laws

Authors

  • Tanishka Bhatt

Keywords:

Fair trial, Indian criminal justice system, defence counsel

Abstract

According to the Latin phrase Lex uno ore omnes alloquitur, which translates to the law speaks to all in the same way, the fundamental idea that everyone is treated equally in the eyes of the law is an essential component of the foundation upon which legal proceedings are established in every region of the world. This idea, that the law respects all individuals in the same manner, is incorporated in a number of different clauses of the Indian Constitution. The Right to Equality is addressed one single time throughout the whole Indian Constitution in Article 14. The conduct of trials is an essential component of every procedure. The administration of impartial trials is a critical component of the legal system that assures equality for all parties. The right to what is known as a fair trial is not something that is just offered in our nation; rather, it is something that is protected by a variety of different laws all over the globe. Article 6 of the European Convention on Human Rights addresses the right to a trial that is conducted in accordance with established standards. According to this article, everyone has the right to a public hearing that is both fair and conducted within a reasonable amount of time. The trial must be presided over by a legal body that is both independent and impartial, and this body must be constituted by the law.

References

Encyclopaedia of Crime and Justice (2nd edn.) (2004). Vol. 1 & 3. Code of Criminal Procedure (1973). Indian Evidence Act (1872). Constitution of India (1950). Ali Adan AF (2002). ‘Right of the Defendant: A Speedy Trial in the Criminal Proceedings’, Criminal Law J. 108, (Apr.) J-87.

Prasannan R (1968).‘Counsel in the Criminal Process’, 10, J. Indian Law Inst.

Prashanth V, Balaji S (2000). ‘Presumption of Innocence in Criminal Law’, Criminal Law J. 106, (Sep.) J-129.

Arora BL (2007). Law of Speedy Trial in India, (Universal Law Publishing, Delhi, 2006).

Basu DD (2007). Commentary on the Constitution of India, (Wadhwa & Co., Nagpur, 8th edn.).

Pillai KNC (ed.) (2008). R.V. Kelkar’s Criminal Procedure, (Eastern Book Co., Lucknow, 5th edn.).

Published

31-03-2023

How to Cite

Tanishka Bhatt. (2023). Critical Analysis on Right to a fair trial under Indian laws. International Journal for Research Publication and Seminar, 14(1), 48–54. Retrieved from https://jrps.shodhsagar.com/index.php/j/article/view/341