The concept of fair trial essay

right to a fair trial cases

It is the Bill of Rights which offer a certain right to citizens of Canada. Everyone has a right to fair and impartial trial undertaken by an independent judge.

Fair trial meaning in tamil

In Nandani Sathpathy v. Although this concept isn't directly stated in the constitution, it is absolutely indispensable to our justice system; but with the rise of communication through technology in recent years, it is not always a right that's guaranteed. Under section 2 the court is bound to observe the trial relating to rape offences in camera. Rumery, U. As per the status quo, a trial jury is a constitutional right, a jury of ones peers or equals. Citizens are individuals who have a legal status within the state. Fair Trial means a trial conducted by an impartial judge and where both the parties have equal opportunity to defend themselves. C means in which not only parties but also, the general public have access to records of the court. If an individual's right under the law is at stake, the dispute must be determined through a fair process. Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process. Therefore, the second prosecution would be barred by Section 1 of Cr.

Right to speedy trial is guaranteed by Article 21 of the Indian Constitution. C also provides for legal aid at the expense of State.

C requires that all the evidence and the proceedings should take place in presence of accused. In Coffin V. For example, in war time the rights and obligations of a citizen would be different that of a citizen in peace time Protection against Illegal Arrest: According to section 57 of the Code, no person arrested will be detained for more than 24 hours and will be produced before the Magistrate within 24 hours.

what is a fair trial in short

The presence of pleader is thus, deemed to be a presence of accused. Union of India, [13] the court observed that the concept of a fair trial is an integral part of article 21 of the Constitution. C means in which not only parties but also, the general public have access to records of the court.

essay on fair trial

It is also a fundamental right under Article 22 2 of the Constitution. In Zahira Habibullah Sheikh and Ors.

Why is the right to a fair trial important

In this respect the ACHPR has reaffirmed the right to counsel as essential in guaranteeing a fair trial. Right to speedy trial is guaranteed by Article 21 of the Indian Constitution. It is an essential feature of Fair Trial. The concept of speedy trial flows from Article 21 of the Constitution. As our language has evolved, the exact meaning of their words has become more difficult to understand. The principle behind is that the court is restricted from making any ex-parte decision. This right is secured by the Article 39A of the Constitution which provides for equal justice and free legal aid. Article 6 1 provides that anyone who is charged with a criminal charge is entitled to a fair and public hearing by an independent and impartial tribunal. The onus of proving that the accused is guiltyis on the prosecutor. C states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts. An appeal is an inherent right of every person in criminal cases. The said principle forms the basis of criminal jurisprudence in India. Section of the Cr.
Rated 10/10 based on 99 review
Download
The Concept of Fair Trial Essay