Trials are an inevitable aspect to bring out justice. Trials need to be conducted properly following all the procedures and steps in order that it would be fair and free from influences. A fair trial is an open trial by an impartial judge within which all parties are treated equally. The right to fair trial is one of the basic guarantees of human rights and rule of law, aimed towards ensuring the administration of justice. Fair trial includes fair and proper opportunities allowed by law to prove innocence. The right to fair trial is a norm of international human rights law and also adopted by many countries like their procedural law; India has also adopted this law and it is enshrined in the constitution of India.
The Principles of Fair Trial
1. Adversary trial system: it is a system adopted by the criminal procedure code, 1973 based on the accusatorial method which involves accusation by a prosecutor and a verdict reached by an impartial judge. In Himanshu Singh Sabharva v. State of M.P. and Ors.,[3] the apex court held that if the court has reasons to believe that the prosecuting agency or prosecutor is not acting in accordance with the procedure of fair trial as laid down under the code the court can exercise its power under section 165 of the Indian Evidence Act, 1872 so as to subserve the cause of justice.
2. Presumption of innocence: this principle is considered the most important principle of the fair trial so as to safeguard the accused from arbitrary and wrongful conviction.
3. Independent, impartial and competent judges: the proceedings are to be conducted by a competent, independent and impartial judge)/court. Section 479 of the code explicitly prohibits any judge or magistrate to trial any case within which he is a party or personally interested.
4. Principle of Double Jeopardy: section 300 of the CrPC talks about the principle of double jeopardy which says that if someone is tried and acquitted or convicted of an offence he can't be tried again. This doctrine is additionally incorporated in Article 20(3) of the constitution of India.
5. Place of trial: in line with section 177 of the CrPC, every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it absolutely was committed. In Rajendra Ram Chandra Kavalekar v state of Maharashtra, it had been observed that the territorial jurisdiction of a court with reference to the criminal offence would be determined on the basis of where the incident has occurred. The provisions of section 179 to 189 are made to facilitate fair trial.
Right to Free Legal Aid
The right to fair trial includes the right to legal assistance. The right to be defended has been further fortified by the introduction of the Directive Principles of State policy embodied in Article 39A of the constitution by the 42nd Amendment Act of 1976 and enactment of sub-section 1 of Section 304 of the code of criminal procedure. Legal assistance to an underprivileged person facing trial whose life and individual liberty is in jeopardy is remitted not only by the constitution and the code of criminal procedure but also by international covenants and human rights declarations. Every individual, therefore, has a right to a fair trial by a competent court within the spirit of the right to life and individual liberty. The objective and purpose of providing competent legal aid to undefended and unrepresented accused persons are to determine that the accused gets free and fair, just and reasonable trial of charge in a criminal case.
In a trial before the court of session,where the accused is not represented by a pleader, and where it appears to the court that the accused has sufficient means to include a pleader, the court shall assign a pleader for his Defence at the expense of the state. The Supreme Court in Sukh Das V. State of Arunachal Pradesh has held that a conviction of the accused in a trial during which he wasn't provided legal aid would be put aside as being violative of Article21 of the constitution. But where the accused pleads guilty without the assistance of a counsel under the legal aid scheme and was convicted by the magistrate it had been held that the trial and conviction wasn't vitiated because the magistrate was fully satisfied that the plea was voluntary, true and genuine. In a criminal appeal, if the council appointed by the court for the accused does not present itself at the time of hearing and the appeal is disposed of without hearing him, the case rightly deserved to be remanded for fresh appeal. A right to fair trial includes the right to legal assistance. This is often a part of the right to life enshrined under Article 21 of the Constitution of India.
From the above discussion, we see that how fair trial is a vital right for each person and for the society. Fair trials are the sole way to prevent miscarriages of justice and are an important part of a just society. It is true that a fair trial protects the rights of the accused but it also makes it stronger and safer. Without fair trial, trust in government the rule of law will collapse. During a trial, a judge is expected to take an impartial judgment against both the parties and it is his duty to ensure that the rights of the parties are preserved. A judge is expected to take decisions on the basis of evidence and the case presented by the lawyer. Fair trial is additionally fundamental to democracy because it extends to a natural person and not just citizens. The right is accessible to every person or citizen and should be claimed whenever necessary. Thus, even a foreigner can claim this right.
“Equality, justice and Liberty” is the trinity of fair trial recognized in the administration of justice of India where the affluent and the “lowly and lost” have the equality of access to justice in the administration of justice in general and specifically the criminal justice system.
The Right to get a free trial is a necessary right of every accused. Every individual is entitled to fair trial and equitable judgment. Thus, India under Article 21 of its constitution administers the right to fair trial without being bias or prejudice. And every human is capacitated to utilize this right according to law, whenever situation compels.
Degree of Thought is a weekly community column initiated by Tetso College in partnership with The Morung Express. Degree of Thought will delve into the social, cultural, political and educational issues around us. The views expressed here do not reflect the opinion of the institution. Tetso College is a NAAC Accredited UGC recognised Commerce and Arts College. The editors are Dr Hewasa Lorin, Dr Aniruddha Babar, Aienla A, Meren and Kvulo Lorin. For feedback or comments please email: dot@tetsocollege.org
