Crminial Fair Trial

3527 Words Sep 27th, 2012 15 Pages
FAIR TRIALUNDER CRIMINAL LAW

1. INTRODUCTION
The concept of fair trial has been adopted by almost all the countries in their respected field of laws. The purpose behind the establishment of fair trial is to protect the common man from unfair means of any injustice and violation of fundamental rights. The principles of natural justice are the ultimate basis of fair trial system. As far as country like India is concerned, the concept of fair trail is envisaged under the Constitution and other procedural laws.
Everyone has an inbuilt right to be dealt with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as is to the victim and the society. The fair trial for a criminal offence consists not
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(2) Double Jeopardy:
This right is based on the common law maxim nemo debit bis vexari; which means a man shall not be brought into danger for one and the same offence more than once. The same has also been enshrined under Section 300 of the Code. If a person is charged again for the same offence, than he can plead, as a complete defence, his former acquittal or conviction, or he can take the plea of autrefois acquit or autrefois convict. The above principle has also been recognised in Section 26 of the General Clauses Act, 1897.
Article 20 (2) represents three essentials which are as follows: a) There must be a person accused of an offence. The word ‘offence’ is to be understood in the way as it has been used in the General Clauses Act, 1897 which means, “ an act or omission made punishable by an law for the time being in force” b) The proceedings should have taken place before a “court” or “judicial tribunal”. The revenue authorities, like the sea custom authorities, are not judicial tribunals. c) The proceedings should have been taken before the judicial tribunal or court in reference to the law which creates offences. An inquiry should take place before a statutory authority against a government servant, not for the purposes of punishing for the offence like corruption but to advise the government as to the disciplinary action to be taken against him, it cannot be

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