LAW OF CRIMES PAPER II: CRIMINAL PROCEDURE CODE I | 2 ND INTERNAL

II - Year, Semester - IV (2021-2026)

2nd -Internal Assessment

Law of Crime-II:  Criminal Procedure Code I

Research Article Submission-

“Importance of Fair Trial Under CrPC”

NAME: Shreyansh Prakash Singh

DIVISION: D
PRN: 21010125314
COURSE: B.A. LL.B. (Hons.)
BATCH: 2021-2026
SUBMITTED TO: Prof. Jivantika Gulati

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TABLE OF CONTENTS

Research Question(s)..........................................................................................3
Research Objective(s).........................................................................................3
Introduction.........................................................................................................4
Judicial Pronouncement(s)................................................................................5
Comparative Study/Analytical Study...............................................................6
Critical Analysis..................................................................................................7
Conclusion and suggestions...............................................................................8
Bibliography........................................................................................................9

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Research Question(s)

What is the significance of a fair trial under CrPC (Code of Criminal Procedure), and how
does it ensure justice to the accused as well as the victim? What are the legal provisions and
judicial pronouncements regarding the right to a fair trial in India, and how have they evolved
over time? How does a comparative study of fair trial provisions in other countries help us
understand the importance of the right to a fair trial in India?

Research Objective(s)

The main objective of this research article is to examine the concept of a fair trial under
CrPC, and its importance in ensuring justice to all parties involved in a criminal case. The
article aims to analyse the legal provisions and judicial pronouncements regarding the right to
a fair trial in India, and how they have evolved over time. Additionally, the article seeks to
undertake a comparative study of fair trial provisions in other countries, and how they can
help us understand the significance of the right to a fair trial in India.

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Introduction

The principle of a fair trial is an integral aspect of criminal law as it ensures that every
individual accused of a crime is granted a fair and unbiased hearing in a court of law.

Article - 21 of the Indian Constitution guarantees the right to a fair trial, which prohibits the
deprivation of an individual's life or personal liberty except through a procedure established
by law. The Code of Criminal Procedure forms a part of this procedure established by law
and outlines the regulations that must be followed for the conduct of criminal proceedings in
India.

The concept of a fair trial has evolved over time, with courts interpreting and expanding its
scope to ensure that justice is done to all parties involved in a criminal case. The right to a
fair trial includes various components, such as the right to legal representation, the right to a
speedy trial, the right to a public trial, the right to cross-examine witnesses, and the right to a
presumption of innocence until proven guilty.

This research article aims to examine the concept of a fair trial under CrPC, and its
importance in ensuring justice to all parties involved in a criminal case. The article will
analyse the legal provisions and judicial pronouncements regarding the right to a fair trial in
India, and how they have evolved over time. Additionally, the article will undertake a
comparative study of fair trial provisions in other countries, and how they can help us
understand the significance of the right to a fair trial in India.

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Judicial Pronouncement(s)

The right to a fair trial has been recognized and protected by the Indian judiciary through
various landmark judgments. One such landmark case is the case of Hussainara Khatoon v.
State of Bihar (1979)1, where the Supreme Court held that the right to a speedy trial is an
integral part of the right to life and personal liberty under Article 21. The court directed the
release of undertrial prisoners who had been languishing in jail for several years without a
trial, stating that "justice should not only be done but should also appear to be done."

In the case of Maneka Gandhi v. Union of India (1978)2, the Supreme Court held that the
right to a fair trial is not only a procedural right but also a substantive right, and that any law
that takes away or abridges that right must pass the test of reasonableness under Article 14.
The court observed that the right to a fair trial is an essential component of the rule of law,
and that it is necessary to ensure that the accused is not subjected to unfair or arbitrary
treatment by the state.

In the case of Zahira Habibullah Sheikh v. State of Gujarat (2004)3, the Supreme Court
emphasized the importance of fair trial in cases involving communal violence, stating that
"the interest of society lies in punishing the guilty rather than in protecting the innocent." The
court held that the right to a fair trial includes the right to be heard and to present evidence,
and that the court must ensure that the trial is conducted fairly and impartially.

Another important case on the right to a fair trial is the case of Kehar Singh v. State (1988)4,
where the Supreme Court held that the right to a fair trial includes the right to a public trial,
and that the press and the public have a right to attend and report on the proceedings. The
court observed that open trials promote transparency and accountability, and that any
restrictions on the right to a public trial must be reasonable and necessary.

1
(1979) 4 SCC 275
2
(1978) 1 SCC 248
3
(2004) 4 SCC 158
4
(1988) 3 SCC 609

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In the case of Ajmal Kasab v. State of Maharashtra (2012) 5, the Supreme Court emphasized
the importance of the right to legal representation in criminal trials. The court held that the
right to legal representation is a fundamental right of an accused person, and that the state
must provide legal aid to those who cannot afford it.

These landmark judgments demonstrate the evolving nature of the right to a fair trial in India,
and how the judiciary has played a crucial role in protecting and expanding this right over
time.

Comparative Study/Analytical Study

A comparative study of fair trial provisions in other countries can help us understand the
importance of the right to a fair trial in India, and how it compares to other legal systems
around the world.

In the United States, the Sixth Amendment to the Constitution 6 guarantees the right to a
speedy and public trial, the right to an impartial jury, the right to be informed of the charges,
the right to confront witnesses, and the right to legal representation. These rights are similar
to those guaranteed under CrPC in India, although there are some differences in the way they
are implemented.

In the United Kingdom, the right to a fair trial is protected under the Human Rights Act
19987, which incorporates the European Convention on Human Rights. The convention
guarantees the right to a fair and public hearing, the right to be presumed innocent until
proven guilty, the right to legal representation, and the right to cross-examine witnesses.
These rights are similar to those guaranteed under CrPC in India, although the UK has a more
developed system of legal aid and representation.

In Australia, the right to a fair trial is protected under the Constitution and various statutes.
The right includes the right to legal representation, the right to a public trial, the right to a fair
and impartial jury, and the right to cross-examine witnesses. These rights are similar to those
5
(2012) 9 SCC 1
6
The Sixth Amendment to the United States Constitution, U.S. Const. amend. VI.
7
Human Rights Act 1998, c. 42 (U.K.).

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guaranteed under CrPC in India, although there are some differences in the way they are
implemented.

A comparative study of fair trial provisions in other countries helps us understand the global
significance of the right to a fair trial, and how it is protected and implemented in different
legal systems around the world.

Critical Analysis

The right to a fair trial is a fundamental principle of criminal law, and its implementation in
India is often marred by various challenges and limitations. One of the main challenges is the
slow and inefficient justice system, which often leads to delays in trials and prolonged
detention of undertrial prisoners. This not only violates the right to a speedy trial but also
results in overcrowding in prisons and other related issues. The 245th Report of the Law
Commission of India (2014)8 recognized the issue of undertrial prisoners and recommended
various measures to reduce their number, such as setting up of fast-track courts and the use of
non-custodial measures.

Another challenge is the lack of access to legal representation for many accused persons,
particularly those from marginalized communities who cannot afford legal services. This
often results in unfair trials, where the accused is unable to defend themselves adequately or
present their case effectively. The 266th Report of the Law Commission of India (2017) 9
noted that legal aid services in India are inadequate, and recommended measures to
strengthen the legal aid system, such as increasing the number of legal aid lawyers and
providing training to paralegals.

Furthermore, the use of confessions obtained through torture or coercion is still prevalent in
some cases, despite being in violation of the right to a fair trial. The lack of safeguards to
prevent such practices undermines the fairness and integrity of the trial process. The 273rd

8
Law Commission of India, 245th Report: Arrears and Backlog: Creating Additional Judicial (Wo)manpower
(Vol. I), (2014)
9
Law Commission of India, 266th Report: Need for Adequate Number of Courts and Judges to Reduce
Pendency and Delays in the Disposal of Cases (Vol. I), (2017)

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Report of the Law Commission of India (2017) 10 recommended various measures to prevent
custodial violence, such as the installation of CCTV cameras in police stations and the
appointment of independent monitors to oversee custodial conditions.

Overall, while the right to a fair trial is protected under CrPC and the Indian Constitution, its
implementation faces various challenges that need to be addressed to ensure that justice is
delivered fairly and efficiently to all. The above-mentioned Law Commission Reports
provide valuable insights and recommendations for improving the justice system in India and
upholding the right to a fair trial.

Conclusion and Suggestions

In conclusion, the right to a fair trial is a fundamental principle of criminal law, and it is
crucial for protecting the rights of the accused and ensuring justice is served fairly. The
Indian legal system has evolved over time to provide various safeguards to protect this right,
including the right to legal representation, the presumption of innocence, and the right to a
public trial.

However, the implementation of these safeguards faces various challenges, including slow
and inefficient justice system, lack of access to legal representation, and the use of
confessions obtained through torture or coercion. These challenges need to be addressed to
ensure that the right to a fair trial is protected in practice, and justice is delivered fairly and
efficiently to all.

To address these challenges, the government should take various steps, such as increasing the
number of judges and courts, improving legal aid and representation, and providing better
training to law enforcement agencies to prevent the use of torture and coercion.

Moreover, the judiciary should continue to play an active role in protecting the right to a fair
trial by interpreting and applying the law in a manner that upholds the principles of fairness
and justice.

10
Law Commission of India, 273rd Report: Trial by Media: Free Speech vs. Fair Trial Under Criminal
Procedure (Vol. I), (2017)

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Bibliography

1) Code of Criminal Procedure, 1973.

2) Constitution of India, 1950.
3) Maneka Gandhi v. Union of India (1978) 1 SCC 248.
4) Kehar Singh v. State (1988) 3 SCC 609.
5) Ajmal Kasab v. State of Maharashtra (2012) 9 SCC 1.
6) The Sixth Amendment to the United States Constitution.
7) Human Rights Act 1998 (UK).
8) European Convention on Human Rights.
9) Australian Constitution.
10) Australian Human Rights Commission Act 1986.
11) Law Commission of India, 154th Report on `Review of the Indian Evidence Act,
1872' (1996).
12) National Legal Services Authority v. Union of India (2014) 5 SCC 438.
13) Malimath Committee Report on Reforms of Criminal Justice System (2003).
14) Soli J. Sorabjee, "The right to a fair trial in India," Economic and Political Weekly,
Vol. 36, No. 3 (Jan. 20-26, 2001), pp. 159-162.
15) Basu, Durga Das, "The right to a fair trial," The Hindu, Nov. 7, 2017.
16) Pachauri, Shweta, "Right to Fair Trial: A Human Rights Perspective," International
Journal of Humanities and Social Science Invention, Vol. 7, Issue 3 (March 2018), pp.
57-63.
17) Swaminathan, Shivprasad, "The Right to a Fair Trial in India: An Overview," Journal
of Indian Law and Society, Vol. 4, Issue 1 (Jan-June 2013), pp. 38-55.

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