Criminal Justice System vis-a-vis Human Rights

Introduction:

Every society is governed by the set of principles or rules led down by the framers of the law and violating of these rules are going to be treated as Crime. Legal code is that a part of the law which deals with the definition, punishment of the crime and with the procedure for trial of persons suspected or accused of the crime. The 37th report of the law commission of India that legal code is an instrument for the protection of society, having the criminal procedure as its chief and criminal courts because of the main agencies for its administration.

Evolution of Legal Code and Human Rights

If we mention the pre-independence history of Criminal Justice System it had been very stringent and narrower but after independence, the framers of the Constitution had duly taken care of the laws, punishments and their reference to human rights too. Consistent with Article 1 of UN Declaration on Human Rights Defenders “Everyone has right, individually and in association with others, to market and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”. Human rights are commonly understood as “inalienable fundamental rights to which an individual is inherently entitled simply because she or he’s a person’s being”. Human rights are those rights which are essential for the survival of humans and their life. If we mention the history of right in India, Human rights are inculcated within the society right from the start of human civilization. The concept of rights isn’t a western region and United Declaration Rights (1948) didn’t come from the left suddenly but it’s a milestone on the trail on which the concept of human right is already travelling from centuries. In fact, the language of right is as old as Indian culture. The concept of right lost within the dark within the period Emergency (1975) imposed by Indra Gandhi Government where all the human rights also as fundamental rights of each citizen were curtailed. But if we talked about the present scenario right is well incorporated in every Indian law and provides basic rights and facilities which each individual is entitled to regardless of he/she is accused or innocent.

Relationship between Human right and the Criminal Justice System

As we all know India is that the World Largest Democratic Country in the world. So in a democracy like India Criminal Justice System and Human rights go hand in hand which suggests nobody is bereft of right be it accused or innocent. Every individual residing in our Country has the right to say their basic human rights. We have an old saying that “let the thousands of criminals be let loose, but one innocent shouldn’t be punished”. that’s why human rights are well incorporated in every Indian law. Special rights are given to accused in India too. for instance – The concept of bail has come under the scope of human rights since the UN declaration of Human Rights of 1948. Law Commission in its 41st report brought out the recommendations to the parliament and these recommendations were considered and incorporated by parliament in criminal procedure code,1973.

Relationship between Right and Constitution of India

The Preamble of the Indian Constitution pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and fraternity assuring the dignity of the individual and therefore the unity and integrity of the state to assist its citizens. India was a signatory to the Universal Declaration of Human Rights. Part III of the Indian Constitution deals with the elemental rights available to its citizen just the same because of the provision of the universal declaration of Human Rights.

In Keshavnanda Bharati v. State of Kerala (AIR 1973 SC 1461), the Supreme Court observed, The Universal Declaration of the rights might not be a legally binding instrument but it shows how India understood the character of right at the time the Constitution was adopted.

Constitutional Provisions Associated with the Rights of the Accused

Article 20 of the Indian Constitution provides the subsequent safeguards to the persons accused of a crime-
1. Ex post facto law: Clause (1) of Article 20
2. Double Jeopardy: Clause (2) of Article 20
3. Prohibition against Self Incrimination: Clause (3) of Article 20

An ex post facto law may be a law which imposes penalties retrospectively that’s on acts already done and increases the penalty for such acts. Article 20(1) prohibits the legislature to form retrospective criminal laws. Clause (2) of Article 20 of our Constitution says that no man should be put twice in peril for an equivalent offence. If he’s prosecuted again for an equivalent offence that he has already been prosecuted he can take the complete defence of his former acquittal or conviction. The elemental rule of criminal jurisprudence against self-incrimination has been raised to a rule of constitutional law in Article 20(3). Clause (3) of Article 20 provides that nobody accused of any offence shall be compelled to be a witness against himself. In M.P Sharma V. Satish Chandra (AIR 1954 SC300), it had been held that an individual, whose name was mentioned as an accused within the first information report by the police and investigation was ordered by the Magistrate, could claim the protection of this guarantee.

Article 22 is additionally incorporated partially III of constitution and deals with the rights of an arrested person. Clauses (1) and (2) of aforesaid article guarantees four rights on an individual who is arrested for any offence under a standard law –
1. the proper to be told “as soon as may be” of a ground of arrest.
2. the proper to consult and to be represented by a lawyer of his own choice.
3. the proper to be produced before a magistrate within 24 hours.
4. the liberty from detention beyond the said period except by the order of the magistrate.

The above fundamental rights bound to arrested persons by clauses (1) and (2) of Article 22 are available to both the citizens and non-citizens and to not persons arrested and detained under any law providing for preventive detention. In Joginder Kumar V. State of U.P (1994) 4 SCC 260, the Supreme court has laid down the rules governing arrest of an individual during the investigation. this is often intended to strike a balance between the requirements of police on one hand and therefore the protection of human rights of citizens from oppression and injustice at the hands of law enforcing agencies.

Procedural Provision Associated with Rights of the Accused

So not only in constitutional law but altogether the opposite procedural laws also have rights for accused. There are many sections which are present in Criminal Procedural Law which duly takes care of the accused and render him/her with basic rights. for instance –

• Section 436 of the Criminal Procedure Code – This section of criminal procedure code is handling the bail in the bailable offence. The catch of this section is that the word used here is ‘shall’ not ‘may’ which suggests if someone commits any bailable offence then he/she are going to be given bail. It’s the requirement of the court to grant bail. This section is directly linked with the right of an accused that commits a bailable offence. In Rasiklal V. Kishore ((2009) 4 SCC 446), the highest most court held that the proper to urge bail under section 436 of criminal procedure is absolute and if the person accused is ready to offer bail, the court or the policeman is sure to release him.

• Section 57 and 76 of the Criminal Procedure Code – This section made compulsion on police authorities to present the accused before the magistrate within 24 hours of arrest.

• Section 303 and 304 of Criminal Procedure Code – Right to consultation of a lawyer of his own choice also as right to urge legal aid at the expense of the State in certain cases.

• Section 49 of the Criminal Procedure Code – This section protects the accused from any quite illegal restraint.

• Section 50, 55 and 73 of the Criminal Procedure Code – These three sections of the Criminal Procedure Code affect the proper to the knowledge of the bottom of arrest to accused. Accused has the right right to ask on what ground he’s being arrested.

• Sections 41, 55 and 151 of Criminal Procedure Code – Protection against arbitrary or unlawful arrest.

The Indian Evidence Act 1972 also has a provision which is directly linked to right like retracted confession which is given under section 24 of Indian Evidence Act which states that accused can retract his statement given by him in the custody of the police. The only purpose of this is often to follow the principle of Natural Justice. it’s the presumption of the court that in police custody police can torture the accused and collect evidence against him that’s why the concept of retraction is present in the Indian Evidence Act.

Conclusion

The basic rule against this is often that India may be a democratic country and therefore the basic concept of democracy is that each individual must have personal liberty and freedom. It is the essential right of a private which is protected by the state. Thus, the concept of the Criminal Justice System and human rights go hand in hand. The various initiatives have been taken by the govt to reinforce this mechanism. a number of them are – Speedy trials, the betterment of the condition in jail, an anti-torture bill was also introduced in parliament within the year 2017 but still pending in Parliament. The research acknowledged that the provisions of the universal declaration of human rights has been domesticated in India but facing serious challenges on the delay in the disposition of criminal cases.