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    Fair Trial

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    kanishkmeshram04
    The document discusses the meaning and principles of a fair trial. It provides definitions of a trial from legal dictionaries and references international covenants and articles from constitutions that guarantee the right to a fair trial. It examines concepts of due process, the burden of proof, and principles of a fair trial such as presumption of innocence and the right to legal aid.

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    Fair Trial

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    kanishkmeshram04
    5 views7 pages
    The document discusses the meaning and principles of a fair trial. It provides definitions of a trial from legal dictionaries and references international covenants and articles from constitutions that guarantee the right to a fair trial. It examines concepts of due process, the burden of proof, and principles of a fair trial such as presumption of innocence and the right to legal aid.

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    FAIR TRIAL

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    The document discusses the meaning and principles of a fair trial. It provides definitions of a trial from legal dictionaries and references international covenants and articles from constitutions that guarantee the right to a fair trial. It examines concepts of due process, the burden of proof, and principles of a fair trial such as presumption of innocence and the right to legal aid.

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    5 views7 pages

    Fair Trial

    Uploaded by

    kanishkmeshram04
    The document discusses the meaning and principles of a fair trial. It provides definitions of a trial from legal dictionaries and references international covenants and articles from constitutions that guarantee the right to a fair trial. It examines concepts of due process, the burden of proof, and principles of a fair trial such as presumption of innocence and the right to legal aid.

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    FAIR TRIAL

    Meaning and definition of trial:-


    John Broke in Osbori's Concise Dictionary 6th Ed, describes trial as the
    examination and decision of a matter of law or fact by a court of law.

    Earl Jowitt in Dictionary of English Law States as follows:


    “Trial, the hearing of a case, civil or criminal before a Judge who has
    jurisdiction over it according to the laws of the land. A trial is the
    finding out by due examination of the truth of the point in issue or
    question between the parties, whereupon judgment may be given.”
    • Article 14 of the international covenant on civil and political rights

    • Article 10 of the Universal Declaration of Human Rights


    • Articles3, 7 and 26 of the African Charter on Human and Peoples
    Rights,
    • Article 8 of the American Convention on Human Rights
    • Articles 5, 6 and 7 of the European Convention on Human Rights
    • In State of Punjab v. Dalbir Singh (2012) 3 SCC 346
    The concepts of 'due process' and the concept of a just, fair and reasonable law
    have been read by the Supreme Court into the guarantees under Articles 14 and
    21 of our Constitution. A post Constitutional law also has to obey the injunction
    of Article 13, which is clear and explicit in 13(2) where it is ordained that the State
    shall not make any law which takes away or abridges the rights conferred by Part
    III and any law made in contravention of this clause shall, to the extent of the
    contravention, be void.

    Due process of the law, as understood worldwide, encompasses not only the right
    to a fair trial, but also the preservation of public confidence in the administration
    of justice. Justice should not only be done but must be seen to be done.
    • (K.Veeraswamy v. Union of India and others [(1991)3 SCC 655])
    “No matter what the charge or where the trial, the principle that the
    prosecution must prove the guilt of the prisoner is a part of the common
    law of England and no attempt to whittle it down can be entertained.”
    V.D. Jhingam v. State of Utter Pradesh, AIR 1966 SC 1762.
    “The cardinal rule of our criminal jurisprudence that the burden to
    prove the guilt of the accused would always lies upon the prosecution to
    prove all the facts constituting the offence beyond reasonable doubt. If
    there is a reasonable doubt, the accused is entitled to the benefit of
    reasonable doubt.”
    Rangammal v. Kuppuswami,(AIR 2011 SC 2344).
    “It is well established dictum of the Evidence Act that misplacing burden of
    proof would vitiate the judgment.”

    HUSSAINARA KHATOON v. STATE OF BIHAR AIR 1979 SC 1360


    “speedy trial is an essential ingredient of right to life and liberty under Article 21
    of the constitution and it is the constitutional duty of the state to set up
    procedure to ensure speedy trial.”
    Moti Lal Saraf v. Union of India, 2007 (1) SCC Cri,180.
    “the concept of fair trial flows directly from the Article 21 of the Constitution of
    India.”
    Principles of fair trial
    The following are the principles of fair trial:-
    i) Adversary trial system :
    ii) Presumption of innocence
    iii) Independent, Impartial and Competent judge:
    iv) Knowledge of accusation:
    v) Right to open trial
    vi) Right to free legal aid
    vii) The trial in presence of accused
    viii) Evidence to be taken in presence of accused
    ix) Protection against illegal arrest
    x) Right to bail
    xi) Prohibition on double jeopardy
    xii) Right against self incrimination

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