Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Indian Constitution on Fair Trial:. Article 21 of the Indian Constitution: No person shall be deprived of his life and personal liberty except according to procedure established by law. The right to defend oneself and for that purpose to adduce evidence is recognized by the parliament in terms of sub-section 2 of section of the code of criminal procedure, Concept of Reverse Burden:.
The golden rule that runs through the web of civilized criminal jurisprudence is that an accused is presumed innocent until proved guilty of the charged offence. Presumption of innocence is a human right recognized as such under Article 14 2 on the International Covenant on Civil and Political Rights Article 11! Veeraswamy v. Jhingam v. If there is a reasonable doubt, the accused is entitled to the benefit of reasonable doubt. In Sanjeev Kumar v.
The burden of proof lies on the prospection in all criminal trials, though the onus may shift to the accused in given circumstances, and if so provided by law. The Court also extended its assurance to Jadhav that his rights, especially that of fair trial is a vital factor while reviewing his sentence. Following the decision of the ICJ, the Govt. Attorney General further reported that the Government of India has been duly informed regarding the proceedings of this Court held on in pursuance of which concerned officials gave a detailed briefing to Jadhav regarding his right to avail the statutory remedy provided under the Ordinance of It was noted that the Govt.
Concluding the Order and fixing the next proceeding on , the Bench issued following directions to ensure effective review and reconsideration so as to give effect to the judgment of the International Court-. Federation of Pakistan, Misc. People awaiting trial have not been convicted of any offence and many will ultimately be cleared. Justice must not only be done, it must also be seen to be done. This is one reason why, except in rare cases, people are entitled to a public hearing.
Open justice enables the public to see how justice is administered and by subjecting it to public and press scrutiny, safeguards the fairness of the trial. This is also why people are entitled to a reasoned judgment which has been made public. Open justice requires people to be informed of the reasons for their arrest and any pre-trial detention to safeguard liberty.
They must also be given information on their rights as a suspect. Without this information, conveyed in a language the person understands, rights that exist in law are illusory in practice. People should be told what they are being prosecuted for and shown the evidence against them, in a language they understand.
Without this information, a person will not have a fair chance to present a defence , for example by gathering evidence to counter claims made against them or providing alibi evidence. The right to a fair trial also requires that people charged with offences be allowed to attend court and to participate effectively in the trial.
This enables the court to interact with them and allows the person to hear and respond to the prosecution case. Defendants are entitled to give evidence and, except in exceptional cases, are also entitled to call witnesses and cross-examine prosecution witnesses.
A person charged with a criminal offence faces the overwhelming power of the state. The right to a fair trial therefore requires that the defendant be given a fair chance to present a defence in order to counteract this imbalance.
Access to a lawyer is crucial to this and this right starts from the point of arrest and through the trial itself. People need access to legal advice so that they can understand the case against them.
If a defendant has the means to pay, they should be able to choose their own lawyer. If the person cannot afford to pay for their own lawyer, where the interests of justice require, the state should provide free legal assistance. A person facing criminal charges must have the time and facilities to prepare a defence. This right exists at all stages of the proceedings and encompasses the right to documents, files, and information as well as a guarantee of confidential communication with counsel see Open Justice.
Although undue delays in criminal proceedings often contradict the right to a fair trial , fast-track trials can also deny people a fair chance to present a defence. Crucially, during the trial itself people must have a fair chance to present a defence under conditions that do not place them at a disadvantage versus their opponent.
This will require the free assistance of an interpreter if the person cannot understand or speak the language used in court. The person should be allowed to be present at hearings which is also crucial to open justice and should be given the chance to make a statement.
Except in exceptional circumstances, people must also be given the right to call witnesses and examine or have examined witnesses in the same manner as the prosecution. Who we are. Building a movement. I would like to help today and donate Every Month. Your submission has been received! Something went wrong while submitting the form.
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