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ATTRIBUTES OF FAIR

TRIAL
COMMONWEALTH HUMAN RIGHTS INITIATIVE

NAVAZ KOTWAL
ELEMENTS OF FAIR TRIAL

 Presumption of innocence is a normative and legal


requirement
 Right of hearing-legal representation (s304 CrPC)
 Strict adherence to the rules of evidence and
procedure
 Open trial by an independence and impartial
Court - speedy trial
 Assigning reasons for the judgment
 Fair treatment to victim of crime
PRE-TRIAL STAGE
AT THE TIME OF ARREST
 Right to be informed of the ground of arrest
 Right to supply of information of arrest to the near
relative and friend
 Right to be produced before magistrate within 24
hours of arrest
 Right to be treated with human dignity –no torture for
extraction of confession or as retribution by the police
for the commission of crime-memo to indicate injuries
 Right not to be handcuffed or chained or put to
indignities
DUTY OF THE JUDGE

 Arrest of a woman - time and reasons


 To see medical condition of the accused
 To check use of unnecessary force
 To see that guidelines in D K Basu’s case has been
complied with
 In case of minor violations bring the same to the
notice of the superior police authorities
 In case of serious violations of human rights - take
cognizance as prescribed by law
 Section 330, 331 of the IPC and local police law
DUTY OF THE JUDGE

 Search of a woman by a lady police officer


 Regard be had to decency
 Interrogation of a witness-child or woman
 To prevent compelled testimony of a witness
and accused-by IO and u/s 164 of CrPC
 Warning and time to reflect given-recorded
 Article 22(1) and section 303 CrPC
 Application of mind-to ascertain voluntariness
 Right to legal representation - legal aid
SAFEGUARDS THROUGH
REMAND PROCEEDINGS
 Reasonable grounds to believe accusation
 Ensure remand papers are forwarded with
case diaries
 Ensure physical production of the accused
 Remand for 15 days and 60/90 day
 Section 436A CrPC - release on half period
of maximum detentions
RIGHT TO BAIL

Bailable offence-u/s 436 CrPC


 Matter of right
 SHO must disclose reasons
 Terms of the bail reasonable
 Release on personal bond
 Refer to relevant case law
NON-BAILABLE OFFENCES

 Guidelines for grant of bail


 Grant of bail to woman, sick or infirm
 Cancellation of bail
 Grant of compensatory bail
 Likelihood of threatening witnesses or
winning over witnesses –threat assessment
or perception - report of IO
COMMENCEMENT OF TRIAL

 Filing of charge sheet-taking of cognizance of the


offence not the offender
 Ensure complete set is filed
 Ensure complete set of copies supplied
 PP/APP to ensure this with the help of the IO but
Judge should monitor
 Avoid adjournment for scrutiny - pass over
 Apply mind - order reinvestigation wherever
necessary- section 173(8) CrPC - suo motu
FRAMING OF
CHARGE/DISCHARGE
 Judge not a mouthpiece or post office of the
prosecution
 Discharge u/s 227/239/245/258 of CrPC
 Give reasons -for the discharge
Charge when framed:
 Explain the charge to accused in his language
 Record his plea in his words
PLEA BARGAINING SECTION
265A TO 265L OF CrPC
 Provide an opportunity at the time of
farming of charge
 Explain the procedure to the accused
 Explain the consequences
 Affidavit - ensure voluntariness and full
understanding of the offence and
punishment
 Mutually satisfactory disposition
EXAMINATION OF WITNESS

 Why witnesses important?


 What care you would take about public witnesses?
 Release of case property
 Court management -number of witnesses called
on a day
 Treatment in the court
 Payment of expenses
 Safety and protection of witnesses
CAMERA PROCEEDINGS

 State of Punjab v Gurmeet Singh, 1996


CrLJ 1728-video conferencing in case of
witness living the country
 Sakshi v UOI, 2004 CrLJ 2881- in case of
child rape - free atmosphere without any
embarrassment
POWERS OF THE COURT

 Section 311 CrPC


 Section 313 CrPC
 Section 165 IEA
But:
 Approach to clarify the facts
 Bring on record all relevant evidence
 Caution-avoid giving an impression of being
partisan
 Good grasp on the subject and the law
ARGUMENTS

 Parties be given reasonable opportunity


 No unnecessary interruptions
 Reasoned judgment
 Supply of copy on conviction

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