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.
What is Fair Trial?
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.