Crminial Fair Trial
FAIR TRIALUNDER CRIMINAL LAW
1. INTRODUCTION
The concept of fair trial has been adopted by almost all the countries in their respected field of laws. The purpose behind the establishment of fair trial is to protect the common man from unfair means of any injustice and violation of fundamental rights. The principles of natural justice are the ultimate basis of fair trial system. As far as country like India is concerned, the concept of fair trail is envisaged under the Constitution and other procedural laws.
Everyone has an inbuilt right to be dealt with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as is to the victim and the society. The fair trial for a criminal offence consists not only in technical observance of the frame and norms of law, but also in recognition and just application of its principles in substance, to find out the truth and prevent miscarriage of justice.
The primary aim of criminal procedure is to ensure a fair trial to every person accused of any crime. The notion of a fair trial is closely related with the basic and universally accepted human rights as it has been discussed above. The requirement of a fair trial relate to the character of the court, venue, the mode of conducting the trial, rights of the accused in relation to defence and other rights.
The researcher has laid down the principles of fair trial under the Criminal Procedure Code, 1973 and the aspect of the Indian Constitution.
2. FAIR TRIAL IN CRIMINAL LAW : AN INSIGHT 3.1 Concept of Fair Trial In Consonance With Human Rights Law:
After the acceptance of fair trial as the International Human Right Law it has been adopted by many countries worldwide. The concept has been reflected in various declarations and conventions which are as follows:- * Article 10 and 11, the Universal Declaration of Human Rights, 1948. (UDHR) * Article 14, the International Covenant on Civil and Political Rights, 1966. (ICCPR)
1. INTRODUCTION
The concept of fair trial has been adopted by almost all the countries in their respected field of laws. The purpose behind the establishment of fair trial is to protect the common man from unfair means of any injustice and violation of fundamental rights. The principles of natural justice are the ultimate basis of fair trial system. As far as country like India is concerned, the concept of fair trail is envisaged under the Constitution and other procedural laws.
Everyone has an inbuilt right to be dealt with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as is to the victim and the society. The fair trial for a criminal offence consists not only in technical observance of the frame and norms of law, but also in recognition and just application of its principles in substance, to find out the truth and prevent miscarriage of justice.
The primary aim of criminal procedure is to ensure a fair trial to every person accused of any crime. The notion of a fair trial is closely related with the basic and universally accepted human rights as it has been discussed above. The requirement of a fair trial relate to the character of the court, venue, the mode of conducting the trial, rights of the accused in relation to defence and other rights.
The researcher has laid down the principles of fair trial under the Criminal Procedure Code, 1973 and the aspect of the Indian Constitution.
2. FAIR TRIAL IN CRIMINAL LAW : AN INSIGHT 3.1 Concept of Fair Trial In Consonance With Human Rights Law:
After the acceptance of fair trial as the International Human Right Law it has been adopted by many countries worldwide. The concept has been reflected in various declarations and conventions which are as follows:- * Article 10 and 11, the Universal Declaration of Human Rights, 1948. (UDHR) * Article 14, the International Covenant on Civil and Political Rights, 1966. (ICCPR)