Introduction
The concept of a fair trial is not new to the modern societies. From the time immemorial the concept of ‘fair trial’ was consider to be of prime importance. It is consider that it is not only important to deliver justice. But it is more important to ensure that the justice is rightly delivere. And this can be ensure only by conducting a fair trial.
Fair trial is one of the underlying principles of the Natural Justice principles. It guard the legal systems around the world and India is no exception to this. Since, the inception of the Indian republic and even before, many rules and acts have been laid down to ensure fair trial to every citizen of India.
Constitutional Provision
Indian Constitution, under part III through Art. 14 inherently provides the right to a fair trial, as the article guarantees equality of all before the law. Further Art. 22 provides for the rights of citizens in case of arrest; the article explicitly explains that any person who is arrested should be informed the grounds of arrest; about the right of bail, in case of bailable offences. The arrested person also has the right to contact a legal practitioner of his/ her choice and to be defended.
The Hon’ble Supreme Court in the case of Ratnam vs. State of Madhya Pradesh[1] held that: ‘Fair trial is a fundamental right that flows from Article 21 of Indian Constitution and denial of such right is a denial of not only fundamental rights that have been enshrined but also of the Human Rights.’
Concept
The concept of ‘fair trial’ imbibes in itself a number of sub-concepts. Some of them are:
ADVERSARIAL JUSTICE SYSTEM:
The Indian justice system follows an adversarial system. It lays down that in matters before the court, both the parties of the conflict have the right to put forth their side of the scenario in conflict before the court. Where an impartial judge would upon hearing the arguments. And examining the evidence produce would decide upon the same and deliver the judgement thereby ensuring the delivery of justice.
PRESUMPTION OF INNOCENCE:
The Indian courts presume that the accused is an innocent person. Until the complainant proves him to be guilty of the complain wrong. It is not enough to just prove the accused guilty. But the entire burden of proof lies on the complainant to prove the guilt of the accused beyond a reasonable doubt before the court of law. Any instance of failure to do so would lead to the acquittal of the accused via benefit of the doubt.
INDEPENDENT AND IMPARTIAL TRIAL:
It is important to ensure that the court of law while dealing with a case is impartial and independent of any pressures. Hence, a principle of natural justice that has been imbibed in India is that the Presiding Judicial Officer should in all the circumstances be a neutral and non- interested person in the case, to ensure delivery of justice. Section 479 of the CrPC explicitly explains the above principle.
OPEN TRIAL:
It is inherent trial of the parties in conflict to have an open trial. Where not only the parties but also any outsider should be allow to observe the proceedings of the court. Though this concept has certain exceptions in certain circumstances. Like in cases of sexual offences, it strives to protect the soul of the concept of a fair trial.
PRESENCE OF ACCUSED IS NECESSARY:
An accused is provided to know not only the accusation against him, but also about the evidence produced against him to defend himself in the court; thereby it is a general rule that the trial and the evidence is to be record in presence of the accused. However, with the developments in the society, since it is not always feasible to ensure the conduction of trial in presence of the accused, it is consider that presence of the advocate of the accused is deem as similar to the presence of the accused to conduct the trial without unnecessary delays.
RULE AGAINST SELF- INCRIMINATION:
It is a universal principle of law that no person should be ask to give evidence against himself or be force to say any information that can be used to inflict criminal punishments against him. The same is provided under art. 20(3) of Indian Constitution. However, if a person willfully submits himself before the court of law to be guilty of an offence commit by him without any pressure; the article would not be touch as it would amount to ‘confession’.
RULE AGAINST DOUBLE JEOPARDY:
No person should be punish twice for the commission of a single offence. This is a universal rule of law that has been enshrine in the Fundamental Rights in the Indian Constitution. The same rule is also provide under CPC, as the principle of ‘res- judicata’. However, this does not prohibit the courts from conducting the trial more than once, if deemed necessary. But, for the same offence originating from single wrong, a person cannot be punish more than once.
FREE TRIAL:
Art. 21 of the Constitution and Sec. 304 of CrPC explains that it is essential that both the parties should be represented by a legal practitioner of their own. If in any case, the party is not defend or is unable to afford legal representation, then it is the duty of the court to provide the party with a legal practitioner to support him in the court of law. In circumstances where the party is financially unstable to maintain a legal counsel, he is entitle to be represent by a counsel free of cost by invoking his right of free trial to ensure a fair trial.
Conclusion
The above mentioned are some of the principles that are ensured to protect ‘concept of fair trial’ in India. It is important to ensure ‘fair trial’ to protect the trust of the people on the judicial system that is on the verge of fading away and the courts from time to time have taken a stance to protect this principle. Additional to the duty casted upon the courts, the citizens are provided with a number of rights and remedies to have a fair trial in cases before the court of law.
References:
[1] 1975 AIR 1378
Other References:
http://www.legalservicesindia.com/article/1759/Fair-Trial-under-Section-304-of-Crpc.html
http://lawtimesjournal.in/fair-trial-and-its-principles/
http://www.nja.nic.in/Concluded_Programmes/2019-20/P-1163_PPTs/1.Right%20to%20Fair%20Trial_Handout.pdf
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