2. INTRODU
CTION
• Fair trial is an integral part of Article 21 of the Constitution
• Norm of international human rights law.
• U.S.A., Canada, U.K. and India have adopted it into their
Constitution.
• Proclaimed in Article 10 of the Universal Declaration of Human
Rights and
• Major features of fair criminal trial are preserved in Universal
Declaration of Human Rights, 1948.
• Definition:
"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."
- Universal Declaration of Human Rights (UDHR)
• MAIN AIM : To ensure proper administration of justice.
3. Concept
of
Fair Trail •It is based on the basic ideology
•The Indian courts have recognized it.
•Human life should be valued.
4. Fair Trial
Rights
As a minimum the right to fair trial includes the following:
fair trial rights in civil and criminal proceedings.
The right to be heard by a competent, independent and
impartial tribunal.
The right to a public hearing
The right to be heard within a reasonable time
The right to counsel
The right to interpretation
The right to a trial without undue delay
5. Free Trial
in a Democracy
• Fundamental to the rule of law and to democracy.
• Applies to criminal and civil cases.
• Requires a fair and public hearing.
• The procedural requirements of a fair hearing
might differ according to the circumstances of the
accused.
Examples:
Kulbhushan Jadhav Case : https://youtu.be/4XxYmCOYiKg
Manmohan Singh - Coal Scam : https://youtu.be/aX3q7CtJduI
Kasab – Mumbai Terror Attack : https://youtu.be/2UY22wL7sdc
6. Pre - Trial
Rights
1. Knowledge of the accusation
2. Right to open trial
3. Aid of counsel
4. Expeditious trial
5. Protection against illegal arrest
6. Proceedings in the presence of the accused
7. Right to bail
8. Prohibition on double jeopardy
9. Right against self-incrimination
7. Post - Trial
Rights
1. Lawful punishment
2. Right to human treatment
3. Right to file appeal
4. Proper execution of sentence