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    Advance Criminal Procedure

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    Vishambhar
    The document analyzes the essential features of a fair trial. It discusses principles of a fair trial such as the adversary system, presumption of innocence, impartial judges, and double jeopardy. It also covers pre-trial, during hearing, and post-trial rights like the right to legal aid, prohibition on self-incrimination, right to bail, and right to appeal. The conclusion states that Indian law is in line with international standards on the right to a fair trial by an impartial court.

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    Advance Criminal Procedure

    Uploaded by

    Vishambhar
    13 views8 pages
    The document analyzes the essential features of a fair trial. It discusses principles of a fair trial such as the adversary system, presumption of innocence, impartial judges, and double jeopardy. It also covers pre-trial, during hearing, and post-trial rights like the right to legal aid, prohibition on self-incrimination, right to bail, and right to appeal. The conclusion states that Indian law is in line with international standards on the right to a fair trial by an impartial court.

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    23572_Advance Criminal Procedure PPT

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    The document analyzes the essential features of a fair trial. It discusses principles of a fair trial such as the adversary system, presumption of innocence, impartial judges, and double jeopardy. It also covers pre-trial, during hearing, and post-trial rights like the right to legal aid, prohibition on self-incrimination, right to bail, and right to appeal. The conclusion states that Indian law is in line with international standards on the right to a fair trial by an impartial court.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    13 views8 pages

    Advance Criminal Procedure

    Uploaded by

    Vishambhar
    The document analyzes the essential features of a fair trial. It discusses principles of a fair trial such as the adversary system, presumption of innocence, impartial judges, and double jeopardy. It also covers pre-trial, during hearing, and post-trial rights like the right to legal aid, prohibition on self-incrimination, right to bail, and right to appeal. The conclusion states that Indian law is in line with international standards on the right to a fair trial by an impartial court.

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    ANALYSIS OF THE ESSENTIAL FEATURES OF

    FAIR TRIAL

    PRESENTED BY:
    VISHAMBHAR
    RAGHUWANSHI 23572
    INTRODUCTION

    Fair trial includes fair and proper opportunities allowed by law to


    prove the innocence. Adducing evidence in support of the defence
    is a valuable right and denial of that right means denial of fair trial.
    It cannot be denied that one of the most valuable rights of our
    citizens is to get a fair and impartial trial free from an atmosphere
    of prejudice. This right flows necessarily from Article 21 of the
    Constitution which makes it obligatory upon the State not to
    deprive any personof his life nor personal liberty
    PRINCIPLES OF A FAIR TRIAL

    1 2 3 4

    Independent, Autrefois
    Adversary Presumption impartial and
    Acquit and
    System of innocence competent
    Autrefois
    judges
    Convict
    PRE-TRIAL CONSTITUENTS OF PRINCIPLES OF A FAIR TRIAL

    Right to know the reasons for the


    arrest
    Right to a Public Hearing
    Right to legal aid
    Speedy trial
    Protection against illegal arrest
    Proceedings in the presence of the
    accused
    Impartial Judicial Officers
    PRINCIPLES OF FAIR TRIAL
    DURING THE HEARING

    Right against self-incrimination

    State of Bombay v. Kathi Kalu,“to be a witness” is not


    equivalent to “furnishing evidence

    Prohibition on double jeopardy

    S.A. Venkataraman v. Union of India, the appellant


    was dismissed from service as a result of an inquiry
    under the Public Servants (Inquiries) Act, 1960, after
    the proceedings were before the Enquiry
    Commissioner
    Right to bail

    Proper Lawful
    execution of punishment
    sentence POST- TRIAL
    RIGHTS

    Right to
    Right to file
    human
    appeal
    treatment
    CONCLUSION

    Indian law is in consonance with the prevailing international legal standards on the right to be tried by a competent
    and independent and impartial court. All persons must be equal before the court. Every one shall be entitled to a fair
    trial by an impartial court established by law. The right to a speedy trial flowing from Article 21 of the Constitution
    encompasses all the stages such as investigation, inquiry, trial, appeal, revision and re-trial.
    T H A N K YOU

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