Dissertation Synopsis Abhijeet Singh 001

NATIONAL
LAW UNIVERSITY, ODISHA
DISSERTATION SYNOPSIS
DISSERTATION PROJECT ON
INFLUENCE OF MEDIA TRIAL ON CRIMINAL JUSTICE

SYSTEM
Faculty Adviser-
MR. ABHAY KUMAR
Assistant Professor of Law
MR. AKASH KUMAR
Assistant Professor of Law
1
Submitted by
ABHIJEET SINGH
(Roll no. 01)
2
DISSERTATION SYNOPSIS
1. INTRODUCTION
Trial by media usually refers to a practice in which the media begins to investigate
themselves and forms a public opinion against the accused before the trial begins.
This infringes and affects the trial in violation of the defendant's right to a fair trial.
The defendant who has to be considered innocent until he is proven guilty is therefore
now presumed to be guilty in violation of his rights. The impact and growth of
electronic media over the last two decades , especially in the last ten years, has
changed the whole scheme of reporting and its responsibility towards the citizens. On
the one hand, the media has created a well-informed citizenry by informing the public
about many incidents of crime and national importance. While on the other hand the
media violates the right of the citizens in many cases.
The subject 'Trial by the Media' has been discussed almost every day recently by civil
rights activists, constitutional lawyers , judges and academics. The amount of
advertising that any crime, suspect or accused gets in the media has reached alarming
heights with the increase of television and cable channels. Innocent individuals are
sometimes convicted for no reason while others don’t get a fair trial or get a higher
sentence than they deserve. There seems to be very little restraint on the media in the
administration of criminal justice. If media exercise unrestricted or unregulated
freedom to publish information on a criminal case, this will damage the minds of the
public. One cannot ignore the value of the media, as it reports, educates and makes the
public alert. It is known as the "fourth pillar" of democracy.
However sometimes the media tries to sensationalize news and distort facts to draw
people’s attention towards it so that they can get more amount of views. There are
instances in which the media goes beyond its borders, and in place of just letting
people know the facts, they act as an institution judging any matter blatantly
disregarding the principle of "presumption of innocence." This can even serve as a
danger to the right to a fair trial. For these reasons only freedom of press must be
there but it needs to be within reasonable restriction. The issue becomes more
complicated when media covers issues which are sub-judice in nature and is pending
before the court of law. This clearly harms the interest of the parties who are involved
in the particular case.
Media has undergone from being a simple medium of communication to the public to
being a harbinger of change. It plays a vital role in molding the opinion of the society
and it is capable of changing the whole viewpoint through which people perceive
3
various events. Heinous crimes must be condemned and the media would be justified
in calling for the perpetrators to be punished in accordance with the law.
However, the media cannot take away the functions of the judiciary and deviate from
objective and conduct biased reporting. Trial by media refers to pre-trial exposure of a
case by the media through different communication means like television, internet,
and radio. While a media shackled by government regulations is unhealthy for
democracy, the implications of continued unaccountability is even more damaging.
Steps need to be taken in order to prevent media trials from eroding the civil rights of
citizens. The media must have a clearer definition of their rights and duties, and the
courts must be given the power to punish those who flagrantly disregard them.
1. LITERATURE REVIEW
1. Zehra Khan, “Trial-by-Media: Derailing Judicial Process in India”,

MLR 91 2010:
In this article, the author makes a brief discussion on the constitutional provisions relating
to free speech in India. The author further discusses the immunity attached to pre-trial
publications under the Contempt of Court Act of 1971, which will be addressed in the
study by the researcher. The author also focuses on the ineffectiveness of the legal norms
relating to journalistic conduct. The author also raises the issue of media trial having an
ability to influence the judges.
2. Prerna Priyanshu, “Media Trial: Freedom of Speech v. Fair Trial”,

3 IJLLJS 284:
The author of this article points out the influence of media on the opinions of the people
and the misuse of free speech by the media personnel. The author further makes detailed
discussion relating to media trial and fair trial. The author also highlighted the impact of
media trial on accused and subconscious of judges, and examines the justifications put
forward by media. The author gives a brief idea on the seventeenth Law Commission
recommendations.
3. Kathakali Nandi, “Investigative Role of Media: Responsibility To

The Society”, Global Media Journal:
The paper seeks to understand media’s role as an agent of shaping and influencing public
opinion. The paper also takes a look at investigative journalism and its crucial role in
helping the masses to form their opinion about various issues which are in news. It also
tries to understand the role of media interference with the help of two case studies. Using
the two case studies, the paper looks at the way media helps to mould popular opinion of
the masses and thus, bring about a justified closure to controversial issues. The paper
tries to reveal the importance of investigative journalism and how far it is requisite in a
democracy like India.
4. S. Devesh Tripathi, : “Trial by Media Prejudicing The Sub‐Judice”:
4
In this article the author explains crucial point on the contemporary issue that Media has
now reincarnated itself into a ‘public court’ (Janta Adalat) and has started interfering into
court proceedings. It completely overlooks the vital gap between an accused and a
convict keeping at stake the golden principles of ‘presumption of innocence until proven
guilty’ and ‘guilt beyond reasonable doubt’. Now, what we observe is media trial where
the media itself does a separate investigation, builds a public opinion against the accused
even before the court takes cognizance of the case. By this way, it prejudices the public
and sometimes even judges and as a result the accused, that should be assumed innocent,
is presumed as a criminal leaving all his rights and liberty unredressed.
2. RESEARCH OBJECTIVE
The main objectives of this research project are:
1) To examine the impact of trial by media on the functioning of judiciary.

2) To study when trial by media leads to conflict with fair trial.
3) To strike a balance between right to fair trial and freedom of the press to report.
3. RESEARCH QUESTION
1. Is media trial backed by any legislation?

2. How media trial is influencing various constituents of judicial proceedings?
3. Whether the media today gone beyond its limit and has affected the administration
of justice or not?
4. MATHODOLOGY
The study is analytical and descriptive. It is non-empirical. The sources for the
research are secondary sources consisting of books, journals and online articles
5. TENTATIVE CHAPTERISATION
Chapter 1 – Introduction
This chapter would be in regard to brief overview of the research that would be undertaken.
5
This would cover significance of the study, objectives of the study, hypothesis, research
questions, scope of the study, methodology. This chapter would cover all the points in brief,
that would be discussed at length.
Chapter 2: Media Trial : Past to Present

This chapter will include:
Concept and Meaning of Media Trial
History of Media Trial
Current horizon of Media Trial with Recent cases
Chapter 3: Influence of Media trial on the components of court proceedings

Influence of Media on Accused
Influence of Media on the Witness
Influence of Media on Judges and Court
Influence of Media on Advocate
The above influences shall be discussed in the light of various famous recent highlighted
cases in which media trial influenced these components.
Chapter 4: Conflict between Media trial and Judiciary

Media Trial and Right of Fair Trial
Media Trial and Right to be Legally Represented
Media Trial and the Right to Privacy
200th Law Commission Report on Media Trial
Chapter 5: Challenges, Recommendations and Conclusion
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BIBLIOGRAPHY
Research papers referred-

• Anand V. Eshwar, “Subversion of Democracy. Time to Root Out the Menance of Paid News”,
The Tribune, Chandigarh, April 23, 2010.
• Mullick Souvanik, “The Right to Information and the Role of Media”. Feb. AIR (J) 30- 32
(2009).
• Deeksha Malik and Harsha Jeswani, Trial by media: perverting the course of justice,
http://www.lex-warrier.in/2015/09/trial-by-media-perverting-the-course-ofjustice/#identifier_7_6363
• Devika Agarwal, “Shashi Tharoor’s” right to silence‟: Balancing free speech and trial by
media”,https://www.firstpost.com/india/shashi-tharoors-right-to-silence-balancingfree-
speech-and-trial-by-media-3922079.html
• Manu Sebastian, “Times Now‟s Parallel Trial in Tejpal Case blatantly interfered with Justice”
https://thewire.in/media/times-now-parallel-trial-tarun-tejpal-case
Reports -
• 200th Law Commission of India Report, Trial by Media: Free Speech vs. Fair Trial under Criminal
Procedure (amendments to the Contempt of Court Act, 1971), (2006),
http://lawcommissionofindia.nic.in/reports/rep200.pdf

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NATIONAL

LAW UNIVERSITY, ODISHA

INFLUENCE OF MEDIA TRIAL ON CRIMINAL JUSTICE

1. Zehra Khan, “Trial-by-Media: Derailing Judicial Process in India”,

2. Prerna Priyanshu, “Media Trial: Freedom of Speech v. Fair Trial”,

3. Kathakali Nandi, “Investigative Role of Media: Responsibility To

4. S. Devesh Tripathi, : “Trial by Media Prejudicing The Sub‐Judice”:

1) To examine the impact of trial by media on the functioning of judiciary.

1. Is media trial backed by any legislation?

Chapter 2: Media Trial : Past to Present

Chapter 3: Influence of Media trial on the components of court proceedings

Chapter 4: Conflict between Media trial and Judiciary

Chapter 5: Challenges, Recommendations and Conclusion

Research papers referred-

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