Fair Trial


 
 
Concept Explanation
 

Fair Trial

What is A Fair Trial?

  • · Trial to be fair, several different procedures have to be observed. Article 21 of the constitution that guarantees the right to life states that a person’s life or liberty can be taken away only by following a responsible and just legal procedure.
  • ·  A fair trial ensures that article 21 of the constitution is upheld. The trial was held in an open court, in public view. The trial was held in the presence of the accused. Advocates are given an opportunity to cross- examine all the prosecution witnesses. Advocate was given an opportunity to present witnesses in defence.
  • · Although the police filed a case of theft against person the judge assumed her to be innocent. It was the responsibility of the prosecution to prove beyond reasonable doubt that person was guilty. It is significant that the judge decided the matter only on the basis of the evidence before the court.
  • · The judge did not jump to the conclusion that person was the thief just because he was a poor maidservant. Instead, the judge remained impartial and since the evidence showed that some other young men and not person was the thief, he set the person.
  • · In his case, justice was finally done to her because he was given a fair trial. The constitution and the law both state that all of the persons should carry out their roles in a proper manner. What this means is that they all need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds gets a fair trial when accused.
  • · The rule of law which says that everyone is equal before the law would not make much sense it every citizen were not guaranteed a fair trial by the constitution.
  • · The key factor to be note here is that in our country, a person accused of a crime is considered innocent until proven guilty by a court of law. So, a fair and open trial is mandatory. The judge, the public prosecutor, the defense lawyer, the accused, the witnesses and the public are present during the hearing.
  • · The punishment will vary depending on the magnitude of the crime committed. If the crime so warrants, the judge may even award the death sentence.
  • · But if a lower court awards the death sentence, the criminal will not be executed till the sentence is confirmed by the High Court. If the verdict given by the High Court is unsatisfactory, the case can go to the Supreme Court.
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