The Rights of Accused are critical to preserving the integrity of the criminal justice system. The Indian judicial system ensures that every person, even if they are an accused in a criminal case, enjoys the fundamental rights granted by the Constitution of India, and these rights are not violated during the long and burdensome journey of seeking justice. The accused is granted protection through different stages of trial, and it is ensured that they are treated with equality and fairness, regardless of their economic, political, or legal position. These rights, including the ‘Presumption of Innocence,’ ensure that the accused can live with dignity and respect, allowing them to present evidence in their defense and challenge any accusations against them.
Right to Fair Trial:
The right to a fair trial is fundamental to the accused’s rights. This principle is codified in both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Article 10 of the Universal Declaration of Human Rights declares that everyone has the right to a fair and public hearing before an independent and impartial judge. The Indian Constitution echoes this notion in Article 21, which provides the right to life and personal liberty and, as construed by the Supreme Court of India, includes the right to a fair trial.
Right to Presumption of Innocence:
The presumption of innocence is a fundamental premise of criminal law that applies unless proven guilty. This means that the prosecution bears the burden of proof, while the accused are not compelled to show their innocence. In India, this idea is enshrined in Section 101 of the Indian Evidence Act, which states that the burden of proof falls on the individual asserting the fact.
Right to Legal Representation:
The right to legal representation is crucial for a fair trial. In India, Article 22(1) of the Constitution guarantees the accused the right to be represented by any legal practitioner of their choosing. Furthermore, the Legal Services Authorities Act of 1987 provides free legal help to people who cannot afford legal representation. In the landmark decision of Hussainara Khatoon vs. State of Bihar, 1979, the Supreme Court of India stressed the necessity of representation by lawyers, ruling that free legal aid is a necessary component of a fair trial. Section 341 of the BNSS provides that if the accused is incapable of retaining legal representation for himself, then the same must be provided to him at the expense of the state.
Right to be Informed of Charges:
The accused has the right to be informed immediately and in detail about the nature and cause of the charges levelled against them. This is critical for developing an effective defence. Section 230 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) requires that the accused be given a copy of the charge sheet and other documents relied on by the prosecution.
Right to Speedy Trial:
Justice delayed is justice denied. The right to a swift trial seeks to avoid extended imprisonment and ensure timely justice. This right is protected under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty to every individual. In judgements such as Hussainara Khatoon v. Home Secretary, State of Bihar, 1979, the Supreme Court has stressed the need for expeditious trials to prevent unnecessary detention and suffering for the accused.
Right to Be Present at Trial:
The accused has the right to be equally involved in their case, and the prosecution must provide information related to every witness, supporting document, or other evidence to the accused. Section 308 of the Bharatiya Nagrik Suraksha Sanhita states that evidence in a trial must be taken in the presence of the accused to ensure fairness and transparency in the judicial process.
Right to Cross-Examination:
The accused possesses the right to conduct a cross-examination of the prosecution’s witnesses, which helps verify and filter the truth from the entire story prepared by the prosecution. It is a vital tool for the defence to challenge the witnesses and impeach their credibility during the trial. Section 142 of the Bharatiya Sakshya Adhiniyam defines cross-examination, and Section 143 allows the adverse party to cross-examine the witness put forth by the other side.
Right to Protection from Double Jeopardy:
Double Jeopardy means that a person cannot be prosecuted or punished for the same offence more than once. Article 20(2) of the Constitution of India provides this right to every accused or convict to ensure that they are not subjected to suffering through prosecution and punishment multiple times for the same act.
Right Against Self- Incrimination:
The right against self-incrimination protects the accused from being compelled to testify against themselves in a case. This principle is enshrined in Article 20(3) of the Constitution of India, which states that ‘No person accused of any offence shall be compelled to be a witness against himself.’ This protection ensures that confessions or admissions obtained through coercion, duress, threat, promise, or any unlawful practice are not used as evidence against the person making them in court.
Right To Appeal:
The right to appeal is an essential safeguard provided in the criminal justice system, allowing the accused to seek a review of their conviction and sentence. The right to appeal ensures that the trial has been conducted fairly and according to the established procedure of law. This right ensures that errors or injustices in the trial process can be corrected.
Conclusion:
The accused’s rights during a trial are critical to preserving the integrity of the criminal justice system. These rights ensure that the accused are treated properly and equitably and protect them from the state’s arbitrary and oppressive actions. While precise legal rules differ by country, the basic principles of a fair trial, the presumption of innocence, representation by counsel, and protection against self-incrimination are internationally recognised. These rights are firmly enshrined in India’s Constitution and several statutes, showing the country’s dedication to justice and human dignity.
