ANALYSIS OF THE ESSENTIAL FEATURES OF

FAIR TRIAL

PRESENTED BY:
VISHAMBHAR
RAGHUWANSHI 23572
 INTRODUCTION

Fair trial includes fair and proper opportunities allowed by law to

prove the innocence. Adducing evidence in support of the defence
is a valuable right and denial of that right means denial of fair trial.
It cannot be denied that one of the most valuable rights of our
citizens is to get a fair and impartial trial free from an atmosphere
of prejudice. This right flows necessarily from Article 21 of the
Constitution which makes it obligatory upon the State not to
deprive any personof his life nor personal liberty
 PRINCIPLES OF A FAIR TRIAL

1 2 3 4

Independent, Autrefois
Adversary Presumption impartial and
Acquit and
System of innocence competent
Autrefois
judges
Convict
PRE-TRIAL CONSTITUENTS OF PRINCIPLES OF A FAIR TRIAL

Right to know the reasons for the

arrest
Right to a Public Hearing
Right to legal aid
Speedy trial
Protection against illegal arrest
Proceedings in the presence of the
accused
Impartial Judicial Officers
 PRINCIPLES OF FAIR TRIAL
DURING THE HEARING

Right against self-incrimination

State of Bombay v. Kathi Kalu,“to be a witness” is not

equivalent to “furnishing evidence

Prohibition on double jeopardy

S.A. Venkataraman v. Union of India, the appellant

was dismissed from service as a result of an inquiry
under the Public Servants (Inquiries) Act, 1960, after
the proceedings were before the Enquiry
Commissioner
 Right to bail

Proper Lawful
execution of punishment
sentence POST- TRIAL
RIGHTS

Right to
Right to file
human
appeal
treatment
 CONCLUSION

Indian law is in consonance with the prevailing international legal standards on the right to be tried by a competent
and independent and impartial court. All persons must be equal before the court. Every one shall be entitled to a fair
trial by an impartial court established by law. The right to a speedy trial flowing from Article 21 of the Constitution
encompasses all the stages such as investigation, inquiry, trial, appeal, revision and re-trial.
T H A N K YOU