Fair Trial Is Hallmark Of Criminal Procedure: Delhi HC
🧑⚖️ Fair Trial: The Hallmark of Criminal Procedure
Legal Context:
The principle that a fair trial is fundamental to criminal procedure is enshrined in the Indian legal system. This principle ensures that justice is not only done but is also seen to be done, safeguarding the rights of both the accused and the victim.
Key Aspects:
Rights of the Accused:
Right to Legal Representation: Every accused person has the right to be represented by a legal practitioner of their choice.
Right to a Speedy Trial: Delays in trials can lead to prolonged detention and can be detrimental to the accused's right to a fair trial.
Right to Cross-Examine Witnesses: The accused must have the opportunity to challenge the evidence presented by the prosecution.
Rights of the Victim:
Right to be Heard: Victims have the right to present their case and be heard during the trial.
Right to Protection: Victims should be protected from any form of intimidation or harm during the trial process.
Role of the Court:
Impartiality: The court must remain neutral, ensuring that neither party is favored.
Adherence to Procedure: Strict adherence to established legal procedures is essential to uphold the fairness of the trial.
Ensuring Justice: The ultimate goal is to ensure that justice is served, based on the facts and evidence presented.
Case Law Illustrations:
Natasha Singh v. CBI (2013):
The Supreme Court emphasized that a fair trial is the main objective of criminal procedure, and it is the duty of the court to ensure that such fairness is not hampered or threatened in any manner. Fair trial entails the interests of the accused, the victim, and society, and therefore, fair trial includes the grant of fair and proper opportunities to the person concerned.
Sunil v. State (2023):
The Delhi High Court acquitted an individual who had faced trial for 15 years without proper legal representation. The court highlighted that the absence of cross-examination of witnesses resulted in a gross miscarriage of justice, emphasizing the importance of legal aid and representation in ensuring a fair trial.
Neeraj Kumar v. State (2024):
The Delhi High Court reiterated that fair trial is the hallmark of criminal procedure, entailing not only the rights of the victims but also the interests of the accused and society. The court emphasized the duty of the criminal court to ensure that fair and proper opportunities are granted to the accused for the just decision of the case.
⚖️ Conclusion
A fair trial is not merely a procedural formality but a cornerstone of the justice system. It ensures that all parties have an equal opportunity to present their case, that justice is administered impartially, and that the rights of both the accused and the victim are protected. The Delhi High Court's rulings underscore the judiciary's commitment to upholding this principle, reinforcing the notion that a fair trial is indeed the hallmark of criminal procedure.
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