HUMAN RIGHTS ASSIGNMENT

R I G H T T O FA I R T R I A L

PRESENTATION BY:
RISHIKA JAITLY:
19527108
ANJALI  
INTRODUCTION
RIGHT
 The Geneva Conventions (GC) and their Additional Protocols (APs)
require that any prisoners of war facing a judicial proceeding
receive a fair trial. For example, Articles 102–108 of the 1949 
Third Geneva Convention detail requirements for the fairness of
trials against prisoners of war. Other provisions require a "fair and
G E N E VA regular trial"; "safeguards of proper trial and defence"; an
CONVENTION "impartial and regularly constituted court respecting the generally
recognized principles of regular judicial procedure"; a "regularly
constituted court affording all the judicial guarantees which are
recognized as indispensable by civilized peoples"; and "court
offering the essential guarantees of independence and impartiality."
Relevant Legal Instruments

 Universal Instruments 
 The Universal Declaration of Human Rights, 1948 
The International Covenant on Civil and Political Rights, 1966  The Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 
The Statute of the International Criminal Court, 1998
 ***** 
The Code of Conduct for Law Enforcement Officials, 1979  The Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment, 1988 
 The Standard Minimum Rules for the Treatment of Prisoners, 1955  The Guidelines on the
Role of Prosecutors, 1990 
 The Basic Principles on the Role of Lawyers, 1990
  The Rules of Procedure of the International Criminal Tribunals for the former Yugoslavia
and Rwanda
Regional Instruments
 The African Charter on Human and Peoples’ Rights, 1981  The American Convention on
Human Rights, 1969  The European Convention on Human Rights, 1950
It is designed to protect individuals from the unlawful and arbitrary curtailment or deprivation of their
basic rights and freedoms,the most prominent of which are the right to life and liberty of the person. 

 • TYPES OF OFFENCES

1) NON- COGNIZABLE OFFENCE 

    Non cognizable offences are those offences in which the police officer has to take permission from the
magistrate before investigating the offence and police has no authority to arrest without warrant .

2) COGNIZABLE OFFENCE 
      These are of serious nature such as murder , grievous hurt , kidnapping,etc. and therefore, the police
officer starts his investigation immediately without waiting for taking permission from the magistrate and
arrests the accused person.  
      
       • DIFFERENCE BETWEEN INQUIRY AND INVESTIGATION 
       1) Inquiry - which is conducted by Magistrate. It's a judicial proceeding .
       2)   Investigation - Non - judicial. It's a part of collecting the evidences . 
FIR is the basic document which informs about the happening of a cognizable offence . Section
154 provides the whole procedure in which such information is to be reported and recorded.  

• DIFFERENCE BETWEEN BAILABLE AND NON- BAILABLE OFFENCES. 

 • A " bailable offense " is one which are categorised as less serious offences and therefore' bail
is right ' in such cases .
 • In " non - bailable offense" an individual can't claim bail as his right because then these are of
serious offences in nature. 
• Every information relating to the cognizable offence, whenever it is given orally to an officer -
in - charge of a police station ,it is his duty that he shall reduce the information in writing . But if
the information given to the police is vague then it can't be treated as the FIR .
• After the registration of the FIR ,the police officer shall enter the complainant in a book  
which is known as ' Daily Diary' according to sec 44 .
• That information must be related to commission of cognizable offence. 
• If the information made to woman police officer of acid attack ,rape etc.then such recording
shall be videographed. 

• High court is empowered to quash FIR to protect the accused from mala- fide intention to
harass the accused person.

Though every police station has its own jurisdiction . However, section 154 doesn't say anything
regarding that. 

 • RIGHTS OF ARESSTED PERSONS 

FIRST 
INFORMATION
• Right to know the grounds of arrest  REPORT
• Right to consult an advocate of his choice during interrogation.
• Right to free legal aid 
• Right to be taken before a magistrate without delay and within 24 hours of arrest . 
  IMPORTANT CASES ON FIRST INFORMATION REPORT 

1) In Surajit Sarkar case, the supreme court held that cryptic telephonic information cannot be treated
as an FIR. 
2) In J.K Devaiya case, Mysore High court held ,to consider a FIR ,two conditions are to be fulfilled :
firstly, what is conveyed must be an information and secondly that should be a cognizable offence .
3) In Lalita Kumari case ,the court made it clear that " Registration of FIR is to be done in a book
called FIR register. 
Moving ahead Article 21 of the constitution of India mentions ' fair and impartial investigation' and
there is a very strong presumption towards ' innocence ' of an accused which also be termed as his '
human right . A person has a right to know the nature of allegations so that he can take necessary steps
to safeguard his liberty.
4) sheela Barse vs. state of Maharashtra : 
The court issued specific directions in regard to women prisoners . The court directed for the creation
of four or five women police lock - ups for keeping female suspects ,which must be guarded by female
constables, and interrogation of females should be carried out only in the presence of female police
officers. 
 • Torture to accused is absolutely forbidden ia as much as torture is violation of
Human Right . It criminalizes torture during interrogation and investigation for the
purpose of extracting a confession of accused of CrPc .

• Under section 50 A(1) immediately on arrest ,the arresting police officer has no
obligation to give information about the arrest and the place of detention to any
 FROM person nominated by the arrested person.

INVESTIGATION
TO THE TRIAL
STAGE •  Under section 172 ,a police officer shall maintain a day to day dairy . 

•  It is designed to protect individuals from the unlawful and arbitrary curtailment or

deprivation of their basic rights ,the most prominent of which are the right to life and
liberty of the person. The reporting of crime is one of the most important edifices of
democracy and one of the essential features of the rule of law that can ensure peace
in society .
INTRODUCTION:-
India has a highly developed criminal jurisprudence and prosecution
system and it is well supported by judicial precedents for judicial trials and our
penal laws are primarily governed by the Code of Criminal Procedure,1973.
The Indian Penal Code,1860 and Indian Evidence Act 1872. The basic purpose of
the criminal justice system in India among other things, is to ensure fair trial
without compromising the rights of the accused.
The word 'trial' is not defined anywhere in the Criminal Procedure Code.
In common parlance, a trial begins after the framing of charge and ends in
either conviction or acquittal. According to Stroud's Judicial Dictionary, Trial
means “the conclusion by a competent tribunal, of questions in issue in legal
proceedings, whether civil or criminal”. FROM TRIALS
Trial primarily aimed at ascertaining truth which has to be fair to all TO JUDGEMENTS
concerned which includes the accused, the victims and society at large. Denial
of a fair trial is as much injustice to the accused as it is to the victim and
society. Right to get a fair trial is a basic fundamental/human right under our
Constitution and also as per international treaties and conventions . The right
to defend himself as a part of his human right also fundamental right as
enshrined under Article 21 of the Constitution of India and even recognized by
the Parliament in terms of sub-section (2) of Section 243 of the Code of
Criminal Procedure,1973.
FROM TRIAL TO FINAL JUDGMENT
To say in short, a trial of a criminal case is a process by which a Court
decides on the innocence or guilt of an accused. The total trial process is
governed and underpinned by the principles laid down in the Constitution of
India. The duty of a judicial officer is to ensure that witnesses are examined
with great care and he has the duty to referee motions, weigh the facts and
circumstances, draw logical conclusions and arrive at a reasoned decision
about guilt or innocence.

DIFFERENT TYPES OF TRAILS

1. Trial before a Court of Session: Chapter XVIII of Cr.P.C., Sections 225 to
227.
2. Trial of Warrant Cases: Sections 238 to 243 provides the procedure for trial
of cases instituted on police report. Sections 244 to 247 deals with procedure
to be followed for trial of cases instituted otherwise than on police report.
Sections 248 to 250 of the code are applicable to both the categories of cases.
3. Trial of Summons cases by Magistrates:
4. Summary Trial: Sections 260 to 265 and 363(3) of the Code deals with
Summary trial.
 SETTLED PRINCIPLES IN CRIMINAL JUSTICE SYSTEM
1. An accused to be tried before a competent , independent and impartial
tribunal/court with presumption that accused is innocent and every accused
should be provided the opportunity to be defended by a pleader and free legal
aid to be provided in need (Articles 21 and 39A ) especially Under Trial
Prisoner.
2. The burden of proof tests on the prosecution and prosecution must
establish guilt beyond reasonable doubt.
3. High probability is not enough to convict – where there are several
possible accounts, the account supporting the accused should be upheld.
4. Accused has a right to remain silent and Judicial Officer must ensure
that the prosecution and the defence lawyer are being diligent, honest and
learned in their efforts to arrive at the truth.
5. Under section 479 of Cr.P.C, a Judicial Officer may not try or commit to
trial any case in which he has a personal interest or financial interest.
6. A significant legal maxim is that ‘’ Justice must not only be done, but
be seen to be done.’’
7. If a criminal court is to be an effective instrument in dispensing justice,
the presiding officer must not cease to be a spectator and a mere recording
machine and as per section 327 of the Code, trial judges to invariably hold the
trial of rape cases in camera, rather than in open court.
8. As seen from section 309 of Cr.P.C, it is known that the Code safeguards
the right to a speedy trial and accused should be furnished the copies of Police
report and other documents in a criminal case. See. Section 207 of Cr.P.C.