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Rights of accused persons criminal law

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Right of Accused: A comparative analysis of the
Constitutional and Criminal Law Perspective
Introduction
• As the Indian constitution is linked to democracy and the
rule of law, the concept of a free and fair trial is a
constitutional commitment whose cardinal principle of
criminal law revolves around natural justice in which even
the accused or the guilty is treated humanely. . The law of
the land requires the prosecution to stand up and prove the
defendant's guilt beyond the shadow of a reasonable
doubt.
• Accused also enjoy certain rights, the most fundamental of
which is found in the Constitution of India. An accused has
certain rights during any investigation; investigation or trial
of the crime of which he is accused, and must be protected
against arbitrary or illegal detention.
Under Constitutional Law
• Our constitution is based on the fundamental principle of leaving hundreds of
people unpunished, but never punishing an innocent person. The right to fair
representation in criminal proceedings is a facet of the right to equality (Article
14). Article 20 establishes that "no one may be convicted of a crime, except for the
violation of a law in force at the time of the commission of the act classified as a
crime, nor may be subjected to a greater penalty than that which could have been
imposed by virtue of the law in force at the time of the commission of the
crime.Therefore, the accused enjoys a fair equality with other citizens.
• Also by the judicial voice, a broader scope has been given to the right to life and
liberty and thus the accused is treated with the man in prisons responding to a
reformist approach (Article 21). Article 22 establishes that no one can be detained
without having been informed, as soon as possible, of the reasons for such
detention and should not be denied the right to consult and be defended by the
lawyer of their country. option. The exception to the right is that it should not
apply to a stranger. Therefore, these rights under the constitution are inherent
rights and cannot be changed or altered.
Under Criminal Law
• Presumption of Innocence: In Blackstone's famous words, it is
better that ten guilty persons escape than that one innocent suffer.
The essence of criminal trial lies in that the accused is to be
presume innocent until a charge is proved against him without any
reasonable doubt.
• Right To Know The Grounds of Arrest: In accordance with section 50
(1) of the Cr.C.PC, when a person arrested without a warrant has
the right to know all the details of the offense for which he is
arrested and when a person is arrested with a warrant, it must be
informed. warrant, or even show that warrant if needed Section 75
of Cr.P.C.
• Right to have Bail: Anyone arrested without a warrant and charged
with a punishable offense must be informed by the police that they
have the right to be released on bail upon payment of the amount
of the bond.
• Right to Be Taken before a Magistrate without Delay: Regardless of the fact that,
whether the arrest was made with or without a warrant, the person making such an
arrest must bring the arrested person before a bailiff without unnecessary delay. Under
section 56 and 76 of the Code, an accused must be presented to a magistrate within 24
hours.
• Right to free, fair and speedy trial: As justice delayed is justice denied, the concept of
speedy and expeditious trial was introduced by which the accused person is given fair
and impartial justice quickly.
• Right to Consult a Legal Practitioner: This has been enshrined as a fundamental right in
Article 22 (1) of the Constitution of India, which cannot be denied in any way. Section
50 (3) of the Code also provides that the person against whom proceedings are brought
has the right to be defended by a litigant of his choice.
• Right of Free Legal Aid: A duty is imposed on all magistrates and courts to inform the
indigent accused of his right to free legal aid. It is clear that, unless refused, failure to
provide free legal aid to an indigent accused would vitiate the trial resulting in the
overturning of the conviction and sentence.
• Right to Be Examined by a Medical Practitioner: Section 54 of Cr.P.C. enumerates this
right. If the arrested person so requests, orders the examination of the body of this
person by a certified doctor, unless the magistrate considers that the request is made
with the aim of annoyance or delay or to defeat for the purposes of Justice.
• Right to privacy and protection against unlawful searches: The police officials
cannot violate the privacy of the accused on a mere presumption of an
offence. The property of an accused cannot be searched by the police without
a search warrant.
• Right to be present during trial: Section 273 of the Code provides that all
evidence and statements must be recorded in presence of the accused or his
criminal lawyer.
• Right to get Copies of Documents: The accused has the right to receive copies
of all the documents filed by the prosecutor in relation to the case.
• Right to be present at the trial: The accused person has the right to be present
during his trial and have testimony presented in front of him.
• Right to cross-examination: The accused has the right to be cross-examined by
the prosecutor to prove his innocence.
• Right to Appeal: The rights of arrested persons include the right to file an
appeal against his conviction in a higher court.
• Right to Humane Treatment in Prison: The accused has a right to have all his
human rights when in prison and be subjected to humane treatment by the
prison authorities.
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Rights of accused persons criminal law

  • 1. Right of Accused: A comparative analysis of the Constitutional and Criminal Law Perspective
  • 2. Introduction • As the Indian constitution is linked to democracy and the rule of law, the concept of a free and fair trial is a constitutional commitment whose cardinal principle of criminal law revolves around natural justice in which even the accused or the guilty is treated humanely. . The law of the land requires the prosecution to stand up and prove the defendant's guilt beyond the shadow of a reasonable doubt. • Accused also enjoy certain rights, the most fundamental of which is found in the Constitution of India. An accused has certain rights during any investigation; investigation or trial of the crime of which he is accused, and must be protected against arbitrary or illegal detention.
  • 3. Under Constitutional Law • Our constitution is based on the fundamental principle of leaving hundreds of people unpunished, but never punishing an innocent person. The right to fair representation in criminal proceedings is a facet of the right to equality (Article 14). Article 20 establishes that "no one may be convicted of a crime, except for the violation of a law in force at the time of the commission of the act classified as a crime, nor may be subjected to a greater penalty than that which could have been imposed by virtue of the law in force at the time of the commission of the crime.Therefore, the accused enjoys a fair equality with other citizens. • Also by the judicial voice, a broader scope has been given to the right to life and liberty and thus the accused is treated with the man in prisons responding to a reformist approach (Article 21). Article 22 establishes that no one can be detained without having been informed, as soon as possible, of the reasons for such detention and should not be denied the right to consult and be defended by the lawyer of their country. option. The exception to the right is that it should not apply to a stranger. Therefore, these rights under the constitution are inherent rights and cannot be changed or altered.
  • 4. Under Criminal Law • Presumption of Innocence: In Blackstone's famous words, it is better that ten guilty persons escape than that one innocent suffer. The essence of criminal trial lies in that the accused is to be presume innocent until a charge is proved against him without any reasonable doubt. • Right To Know The Grounds of Arrest: In accordance with section 50 (1) of the Cr.C.PC, when a person arrested without a warrant has the right to know all the details of the offense for which he is arrested and when a person is arrested with a warrant, it must be informed. warrant, or even show that warrant if needed Section 75 of Cr.P.C. • Right to have Bail: Anyone arrested without a warrant and charged with a punishable offense must be informed by the police that they have the right to be released on bail upon payment of the amount of the bond.
  • 5. • Right to Be Taken before a Magistrate without Delay: Regardless of the fact that, whether the arrest was made with or without a warrant, the person making such an arrest must bring the arrested person before a bailiff without unnecessary delay. Under section 56 and 76 of the Code, an accused must be presented to a magistrate within 24 hours. • Right to free, fair and speedy trial: As justice delayed is justice denied, the concept of speedy and expeditious trial was introduced by which the accused person is given fair and impartial justice quickly. • Right to Consult a Legal Practitioner: This has been enshrined as a fundamental right in Article 22 (1) of the Constitution of India, which cannot be denied in any way. Section 50 (3) of the Code also provides that the person against whom proceedings are brought has the right to be defended by a litigant of his choice. • Right of Free Legal Aid: A duty is imposed on all magistrates and courts to inform the indigent accused of his right to free legal aid. It is clear that, unless refused, failure to provide free legal aid to an indigent accused would vitiate the trial resulting in the overturning of the conviction and sentence. • Right to Be Examined by a Medical Practitioner: Section 54 of Cr.P.C. enumerates this right. If the arrested person so requests, orders the examination of the body of this person by a certified doctor, unless the magistrate considers that the request is made with the aim of annoyance or delay or to defeat for the purposes of Justice.
  • 6. • Right to privacy and protection against unlawful searches: The police officials cannot violate the privacy of the accused on a mere presumption of an offence. The property of an accused cannot be searched by the police without a search warrant. • Right to be present during trial: Section 273 of the Code provides that all evidence and statements must be recorded in presence of the accused or his criminal lawyer. • Right to get Copies of Documents: The accused has the right to receive copies of all the documents filed by the prosecutor in relation to the case. • Right to be present at the trial: The accused person has the right to be present during his trial and have testimony presented in front of him. • Right to cross-examination: The accused has the right to be cross-examined by the prosecutor to prove his innocence. • Right to Appeal: The rights of arrested persons include the right to file an appeal against his conviction in a higher court. • Right to Humane Treatment in Prison: The accused has a right to have all his human rights when in prison and be subjected to humane treatment by the prison authorities.
  • 7. Cases • In, Nandini Sathpathy v. P.L. Dani 1978 SCR (3) 608, in which it was concluded that no one can extract statements from the accused by force and that the accused has the right to remain silent during the interrogation (investigation). • In DK Basu v. State of WB (1997) 1 SCC 416, the Supreme Court in that case issued guidelines that had to be followed in all cases of arrest or detention, including that the authority The person responsible for the arrest must wear a clear identification with their identification tags With your designation, the note must be signed by the arrested person and the relative, relative or friend must be informed of the arrest. of the accused, the detainee may be allowed to meet with her lawyer during questioning, but not during questioning and many other