Home / Current Affairs

Constitutional Law

Right to Fair Trial

    «    »
 20-Feb-2024

Source: Punjab & Haryana High Court

Why in News?

Recently, the single judge bench of Justice Harpreet Singh Brar held that the right to fair trial is not only restricted to the accused. It extends to the victim and society as well.

What was the Background of the Case?

  • The victim’s contention was that the Investigating Officer is not pursuing a fair investigation.
  • She sought involvement of any special investigation agency doing impartial investigation.

What was the Court’s Observation?

  • Punjab and Haryana High Court held that nowadays, all the attention is given to the accused to ensure fair investigation resulting in a fair trial while little concern is shown to the victim and the society.
    • The onerous duty to maintain a middle ground to secure fair investigation and trial of the accused without sacrificing the interest of the victim and the society is cast upon the Courts.

What is the Right to Fair Trial?

  • About:
    • Fair trials uphold justice and ensure societal integrity. Without them, wrongful convictions occur, eroding trust in the justice system. Governments must uphold law and order while respecting civil liberties.
  • Legal Provisions:
Provision Concept Right Provided
Article 20(2), Constitution Double Jeopardy
    • It states that no one can be prosecuted and punished for the same offence more than once.
Article 22 (2) of Constitution Safeguard Against Arrest & Detention
    • Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey.
Section 300 (1) of CrPC Double Jeopardy
    • It grants the right to a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence.
    • He shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence.
    • And nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted under sub-section (2) thereof.
Section 24 (8) of CrPC Right to Engage Advocate of Choice
    • The court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-Section 8 of Section 24 of CrPC.
Section 243 of CrPC Right to Defend Oneself
    • The accused shall be called upon to enter upon his defence and produce his evidence.
    • And if the accused puts in any written statement, the Magistrate shall file it with the record.
Section 303 of CrPC Right to Defend by Counsel of Choice
    • Any person accused of an offence before a Criminal court, or against whom proceedings are instituted under CrPC may of right be defended by a pleader of his choice.
Article 9 of International Covenant on Civil and Political Rights, 1996 Liberty and Fair Trial
    • Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.
    • It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
Article 14 of International Covenant on Civil and Political Rights, 1996 Equal Right Before Court of Law
    • All persons shall be equal before the courts and tribunals.
    • In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
  • Landmark Cases:
    • Shyam Singh v. State of Rajasthan (1973):
      • The court noted that determining bias's impact on judgment is not crucial; what matters is if a litigant could reasonably fear that a judicial bias influenced the final decision.
    • Zahira Habibullah Sheikh and ors. v. State of Gujarat (2006)
      • The Supreme Court emphasizes fair treatment for both accused and victims, highlighting the intrinsic right to fairness in criminal trials.
    • Himanshu Singh Sabharwa v. State of M.P. Ors (2008)
      • Courts wield authority under relevant legal provisions to ensure fair trial, intervening when due process is compromised.