CRIMINAL PROCEDURE CODE, 1973

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLEMENT OF THE COURSE

B.B.A. LL.B (Hons.)

ON THE TOPIC

RIGHTS OF THE ACCUSSED

SUBMITTED TO; SUBMITTED BY;

Ms Sugandha ARFATUL AZAM

FACULTY FOR CRIMINAL LAW – II ROLL NUMBER – 2012

B.B.A. LL.B. (Hons.)

CHANAKYA NATIONAL LAW UNIVERSITY,

NAYAY NAGAR, MITHAPUR, PATNA – 800001.

2019-20
 INTRODUCTION

The aim of criminal law is to protect the right of individuals and the state against the
intentional invasion by others, to protect the weak against the strong; the law abiding against
the lawless. To ensure free and fair trial so that an innocent person may not be victimized, an
accused person is entitled to certain basic rights and privileges to defend himself and prove
his innocence before he is condemned and punished. The three basic principles of criminal
law are:
(i)  Firstly, that every person is presumed to be innocent until proven guilty,
(ii) Secondly, that the burden of proving the guilt of the accused lies heavily on the
prosecution and it must be discharged beyond reasonable doubt; and
(iii) Thirdly, the benefit of doubt is accorded to the accused coupled with the privilege of
silence.
Hence, the rights of the accused are given utmost importance and are “sacrosanct”.  Along
with the provisions of our Constitution and the Code of Criminal Procedure, several leading
cases have laid down the basic rights of the accused. Though, the basic human rights of the
accused ought to be given important, the balance between them and the rights of the victims
need to be maintained. In the leading case of Kishore Singh Ravinder Dev v. State of
Rajasthan , it was said that the laws of India i.e. Constitutional, Evidentiary and procedural
have made elaborate provisions for safeguarding the rights of accused with the view to
protect his (accused) dignity as a human being and giving him benefits of a just, fair and
impartial trail. However in another leading case of Meneka Gandhi (Smt.) v. Union of India it
was interpreted that the procedure adopted by the state must, therefore, be just, fair and
reasonable.

AIMS AND OBJECTIVES

 To know the rationale behind this whole concept
 To know the present scenario of the law with case laws.
 To suggest some ideas for making this law a more people friendly

RESEARCH QUESTIONS

 Who is an accused ?
 What are his rights under the code?
  How are his rights constitutional ?

HYPOTHESIS

The researcher will try to prove that the rights granted to the accused under the code are
constitutional rights and hence they are necessary for the justice which can be granted to the
accused.

CHAPTERIZATION

I. Introduction to the topic

II. Rights of an accused under the code

III. Rights of the accused under the constitution of India

IV. Critical Analysis

V. Conclusion and Suggestion

BIBLIOGRAPHY

Books referred-

 Constitutional law of India

 K.D. Gaur, Indian penal code

Article referred-

 Law commission of India, 37th Law Commission report on the Code of Criminal
Procedure, 1889 (1967).