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