This article has been written by Kumari Shalini, a student studying B.A. LL. B from Lloyd Law College, Gr. Noida. The author is a 3rd -year law student.
INTRODUCTION
All parties involved, including the accused, victims, and society at large, must be treated equally in a trial where finding the truth is the main goal. In a criminal case, everyone has a right to a fair trial. For the accused, the victim, and society as a whole, it is unfair to deny them a fair trial. A suspect is entitled to a fair trial. The right to a fair trial is a fundamental human right recognized by our Constitution as well as by international treaties and conventions. Without a fair trial, innocent people are found guilty, undermining the fundamentals of the rule of law and winning the public’s support for the justice device. The Human Rights Act’s Article 6 guarantees the right to a fair trial.
In the case of Mrs. Kalyani Baskar v. M.S. Sampoornam, the Hon’ble Apex Court reached the conclusion that a “fair trial” entails honest and proper opportunity provided by the law to establish innocence. A prized right is the ability to provide evidence in support of the defense. Denying that proper procedure in a criminal case denies the accused a fair trial. Without fair trials, innocent individuals are found guilty, which causes the rule of law, public morality, and the judicial system to disintegrate. To uphold law and order on behalf of the entire society is a crucial role for any authority. The state and its personnel cannot, under any circumstances, abandon the decency of national behavior in the fight against crime and delinquency and submit to extra-legal methods for the purpose of detecting crimes or perhaps criminals. In a democratic society, even the rights of the accused are precious.
Concept of a fair trial
Not only is the idea of a fair trial protected by law in our nation but it is also safeguarded by numerous other international treaties and laws. A fair trial is included under Article 6 of the European Convention on Human Rights. Everyone has a right to a fair and public hearing within a reasonable amount of time, as stated in this article. A legal panel that is impartial and independent must conduct the trial. Article 5 of the African Charter on Human Rights prohibits exploitation and safeguards human dignity. Article 6 of the African Charter on Human Rights provides everyone with the right to personal liberty and security. The right to a fair trial is guaranteed under Article 14 of the International Covenant on Civil and Political Rights (ICCPR), while Article 16 establishes a right to equal protection under the law worldwide. A fair trial is guaranteed by Article 10 of the Universal Declaration of Human Rights (UDHR). The International Covenant on Civil and Political Rights (ICCPR) contains more comprehensive and thorough requirements for a fair trial than the Universal Declaration of Human Rights (UDHR).
The convicted are given safety under Article 21 of the Indian Constitution. It adds that the right to a good life, the right to maintain human dignity, and the right to a livelihood are the main concerns of a man’s or woman’s existence. It states that no man or woman will be deprived of his existence and personal liberty unless in ways prescribed by law. It guarantees the right to a fair, inexpensive, and straightforward trial. The Supreme Court ruled in Maneka Gandhi v. Union of India that the right to life includes both the right to physical existence and the right to live in dignity. The right to records and the right to records that, if used against him, would deny him a fair opportunity to defend himself are both included in the human right to a fair trial.
Principles of a fair trial
Adversary system– In nations that use common law, court cases are litigated in an adversarial fashion. Since both parties have an equal say in representation, the right to equality is upheld under this arrangement. In this approach, the solicitors on each side defend their positions and establish the evidence in support of them. The judge makes a decision based on the relevant facts, whereas judges played a larger role in the inquisitorial system. The gathering of evidence is a top priority for the court. In the inquisitorial system, the judges may carry out the investigation, and in some cases, it may be biased. Most countries with civil legal systems, including France and Italy, still employ the inquisitorial system.
Presumption of innocence– To conduct a fair trial, the presumption of innocence is crucial since it helps avoid erroneous convictions. Based on Blackstone’s ratio, which states that “it is better that ten guilty persons escape than that one innocent suffers,” this presumption of innocence. According to section 101 of the Indian Evidence Act of 1872, this idea of presumption of innocence is likewise derived from the Latin phrase “Ei incumbit probatio qui dicit, non qui negat,” which translates to “The burden of proof is on the one who declares, not on the one who denies.” The prosecution must establish the accused’s guilt beyond a reasonable doubt with sufficient evidence.
The accused is not required to prove his case beyond a reasonable doubt, but section 105 of the Indian Evidence Act of 1872 states that if the accused is also asserting a general exception, he is required to prove the fact and circumstances to include the exception in the purview of any applicable law.
Independent, impartial, and competent judges– Being presided over by an impartial, competent, and independent judge is the most important aspect of a fair criminal trial. The executive and judicial branches have been separated by the Code, ensuring the independence of the judiciary and protecting it against claims of interference or control on the part of the government. Every person who has been found guilty has a legal right to a fair trial.
The right of the accused to know what he has been alleged for– According to Article 22 of the Indian Constitution, no one may be held in prison without providing the necessary information. This right of the accused to know the accusation is also guaranteed under the Sixth Amendment to the United States Constitution. The justification for the accused’s detention ought to be made known to him. Every accused person has a right to know the different reasons for their arrest, according to Section 50 of the Code of Criminal Procedure. If an arrest is made without a warrant, the police officer is required to explain the various grounds for the arrest to the subject.
CONCLUSION
Indian law complies with the current international legal norms about the right to have a case heard by a judge who is qualified, independent, and impartial. Before the court, everyone must be treated equally. Everyone has the right to a fair trial by a legally created, impartial court. Without unnecessary delay, a fair trial is fundamentally impossible. The investigation, inquiry, trial, appeal, review, and retrial are all included in the right to a prompt trial arising from Article 21 of the Constitution. A conviction in a criminal case cannot rely on the testimony of witnesses whose cross-examination conflicts with their first examination. Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1, provides a clear explanation of the fundamental idea underpinning a fair trial. A well-supported decision decreases the likelihood of an appeal and the workload on the courts. Evidence must be evaluated in a logical and impartial manner. Every criminal trial must have a far higher degree of probability of guilt—nearly a certainty—and the accused must be given the benefit of the doubt if there is even a remote possibility that he is innocent.
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