INTRODUCTION TO INDIAN CONSTITUTION, FUNDAMENTAL RIGHTS, HUMAN RIGHTS COMMISSION.

1. FORENSIC SCIENCE
INTRODUCTION TO INDIAN
CONSTITUTION, FUNDAMENTAL
RIGHTS, HUMAN RIGHTS
COMMISSION
B I N E E M A T H E W
L E C T U R E R
B E L I E V E R S C H U R C H N U R S I N G C O L L E G E
T H I R U V A L L A

2. INDIAN CONSTITUTION
The Constitution of India is the supreme law of the
country, serving as the framework for governance
and the rights of its citizens. It was adopted on
January 26, 1950, marking the transition of India
from a colonial rule under British authority to an
independent and sovereign nation. The Indian
Constitution is notable for its length, detail, and
comprehensive nature, as well as its commitment to
democracy, secularism, and fundamental rights.

3. SALIENT FEATURES OF THE INDIAN CONSTITUTION
Preamble
 The preamble sets out the ideals and objectives of the Constitution. It
emphasizes justice, liberty, equality, and fraternity among Indian
citizens.
Written Document
 It is a single written instrument which includes most of the principles
under which government shall be organized and conducted.
Lengthy Constitution
 The Indian Constitution is one of the longest written constitutions in
the world, with 470 articles, 12 schedules, and over 100 amendments.
Effect of Other Constitutions
 The country’s founding fathers were wise enough to borrow good
features from different nations like Great Britain, Canada, Australia,
USA etc, and mold a constitution that best suits India.

4. Federal Structure
 The Constitution establishes a federal system of
government with a division of powers between the
central government (Union) and individual states.
However, it also provides for a strong unitary tilt
during emergencies.
 The Constitution also has many characteristics of a
unitary form of government such as single citizenship,
strong center, single constitution, flexibility of
constitution, all-India services, integrated judiciary,
appointment of state governor by the Centre,
emergency provisions etc. So Indian Federation is said
to be Federal in form but Unitary in Nature

5. Parliamentary or Cabinet System of Government
The parliamentary form, borrowed from the British
system, is based on the principle of cooperation and
coordination between the legislative and executive. The
parliamentary form is followed in center as well as in
the states.
Features of parliamentary form of government
are as follow:
 Head of the state functions as nominal head of the
executive
 Real executive is the Council of Ministers with Prime
Minister or Chief Minister as head
 Rule of the majority party

6. Fundamental Rights
 The Constitution guarantees fundamental rights to all
citizens, including rights to equality, freedom, and
protection against discrimination. These rights are
enforceable by the courts.
Democratic and Republican Features
 The constitution says that Sovereign Power remains
with the People. Democracy indicates free and fair
elections based on adult franchise, civil liberties, rule
of law and independence of judiciary.

7. Universal Adult Franchise
Indian Constitution states the principle of Universal
adult franchise. It gives voting rights to every person
 Who is citizen of India,
 Is not less than 18 yrs of age
 Is not disqualified under any law.
Directive Principles of State Policy
 These principles provide guidance to the government
in matters of policymaking. They promote social and
economic justice and aim to create a welfare state.

8. Separation of Powers
 The Constitution establishes the separation of powers
among the executive, legislative, and judicial
branches of government to ensure checks and
balances.
Independent Judiciary
 The judiciary is independent and has the authority to
review the actions of both the executive and
legislative branches. The Supreme Court is the
highest court of appeal.

9. FUNDAMENTAL RIGHTS OF INDIAN CITIZEN

10. Fundamental Rights
1. Right to Equality: - Equality before law provides that
the state shall not deny to any person equality before
law or the equal protection of law within the territory
of India. Prohibition of Discrimination on grounds of
religion, race, caste, sex or place of birth. Equality of
Opportunity in matters of public employment
2. Right to Freedom: - Right to freedom of speech and
expression, assembly, association or union,
movement, residence, and right to practice any
profession or occupation.
3. Right against Exploitation: - Right against
Exploitation, prohibiting all forms of forced labor,
child labor and traffic in human beings.

11. 4. Right to freedom of Religion: - Right to freedom of
conscience, and free profession, and practice and
propagation of religion.
5. Cultural and Educational rights: - Protection against interest
of minorities. Freedom to get admission in educational
institutions. Right to minorities to establish educational
institutions. No discrimination while giving grants
6. Right to Constitutional remedies: - Provides that a citizen
can approach the supreme court of India by due process of
law for the implementation of the Fundamental Rights. The
Indian Parliament can empower any court to issue notice
within its jurisdiction without infringing or influencing the
powers of the Supreme Court of India. The state cannot
suspend the right to constitutional remedies except in cases
provided in the Indian Constitution.

12. Rights of victim
In general, a victim’s rights can be classified into the following
classes:
 Right to be treated with self-respect.
 Right to notification.
 Right to be present.
 Right to be heard.
 Right to rational protection from terrorization and injury.
 Right to restitution.
 Right to be notified or informed of their various legal rights.
 Right to speedy proceedings or trail
 Right to compensation
 Right to privacy
 Right to file appeal

13. Right of Accused
Rights of accused Under Constitutional Law
Our constitution is based on fundamental that “Let
Hundreds Go Unpunished, But Never Punish an
Innocent Person” Right to get a fair representation
in a criminal procedure is a facet of Right to Equality
UNDER CRIMINAL LAW
Presumption of Innocence:
In Blackstone's famous words, it is better that ten guilty
persons escape than that one innocent suffers. 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.

14. PRE- TRIAL RIGHTS OF ACCUSED
Right To Know about the accusations and charges
Under Cr.PC,(Code of Criminal Procedure) where a person arrested without
warrant is entitled to know the full particulars of offence for which he is
being arrested and where a person is arrested with warrant, he must be
notified the particulars of such warrant, or even show such warrant if
needed.
Right to Be Taken before a Magistrate without Delay:
Irrespective of the fact, that whether the arrest was made with or without a
warrant, the person who is making such arrest has to bring the arrested
person before a judicial officer without any unnecessary delay. An accused
has to be produced before a magistrate within the 24 hrs.
Right to Be Examined by a Medical Practitioner:
Section 54 of Cr.P.C. enumerates this right. If requested by the arrested person
so to do direct the examination of the body of such person by a registered
medical practitioner unless the Magistrate considers that the request is
made for the purpose of vexation or delay or for defeating the ends of justice.

15. 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 against self – incrimination
A person cannot be compelled to be a witness against
himself as per the constitution.
Right against double jeopardy
A person cannot be prosecuted and punished for the
same offense more than once as per the constitution.

16. Right to have Bail:
Any person who is arrested without a warrant and is accused of a
bailable offence has to be informed by the police officer that he is
entitled to be released on bail on payment of the surety amount.
Right against the ex-post facto law
A person cannot be tried for an offense that was the earlier crime
and now is not. An act that was not a crime on the day when it
was done, cannot be considered as an offense
Right to Legal Aid:
A duty is imposed on all magistrates and courts to inform the
indigent accused of his right to get free legal aid
Right to expeditious 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.

17. RIGHTS OF ACCUSED DURING TRIAL
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 cross-examination:
The accused has the right to be cross-examined by the
prosecutor to prove his innocence.
Right to be considered innocent till proven guilty
The accused has the right to be considered innocent until
his guilt is proven in the court on the basis of evidence
and statements by witnesses.

18. POST TRIAL RIGHTS OF THE ACCUSED PERSON
Rights of the accused, if declared innocent:
 Accused persons have a right to get a copy of the Judgment
 Right to receive protection from the police if there is a threat
to his life post-acquittal.
Rights of arrested person
 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.
 Right to have family visits in jail
 Right against solitary confinement

19. National Human Rights Commission (NHRC)
 The National Human Rights Commission (NHRC)
established in 1993, is an independent statutory body
as per the provisions of the Protection of Human
Rights Act of 1993 which was amended in 2006.
 Sec. 2(1)(d) of the PHR(personal health record ) act
defines human rights as the rights relating to life,
liberty, equality and dignity of the individual
guaranteed by the constitution or embodied in the
international covenants and enforceable by courts in
India.

20. Functions and powers
 NHRC (National Human Rights Commission)can
investigate any complaints related to violations of
Human Rights in India either suo-moto (on its own
motion.”) or after receiving a petition.
 NHRC can interfere in any judicial process that
involves any allegation of violation of Human Rights.
 It can visit any prison/institute under the control of
the state governments to observe the living
conditions of inmates. It can further make
recommendations based on its observations to the
authorities.

21.  NHRC can review the provisions of the Constitution
that safeguard Human Rights and can suggest
necessary restorative measures.
 Research in the field of Human Rights is also promoted
by the NHRC.
 Human Rights awareness and literacy through different
media are promoted by NHRC in various sectors of
society.
 NHRC has the power to recommend suitable steps that
can prevent violation of Human Rights in India to both
Central as well as State Governments.
 The President of India gets an annual report from
NHRC which is laid before both the Houses of the
Parliament

22. Role
The NHRC is responsible for spreading of human
rights awareness amongst the masses and
encouraging the efforts of all stakeholders in the field
of human rights literacy not only at the national level
but at international level too.

23. Major Issues related to NHRC
 Arbitrary arrest and detention
 Custodial torture
 Child labor
 Violence and discrimination against women and children
 Extrajudicial killings
 Excessive powers
 Sexual violence and abuse
 LGBTQ (An acronym for lesbian, gay, bisexual,
transgender and queer)community rights
 SC/ST, disabled people and other religious minority issues
 Labor rights and right to work
 Conflict induced internal displacement
 Manual scavenging

24. Limitations of NHRC
 The Recommendations made by the NHRC are not binding.
 Violation of Human rights by private parties cannot be considered under
NHRC Jurisdiction.
 NHRC doesn’t have the power to penalize the authorities that don’t
implement its recommended orders.
 3 of the NHRC members are judges which give the functioning of the
Commission a judicial touch.
 The other members that are recommended by the Selection Committee may
not necessarily be Human Rights experts.
 The NHRC does not consider the following cases:
 Cases that are older than one year.
 Cases that are anonymous, pseudonymous or vague.
 Frivolous cases. (not having any serious purpose or value)
 Cases pertaining to service matters.
 The NHRC has limited jurisdiction over cases related to armed forces.
 The NHRC faces other issues like excess cases/complaints, insufficient
funds, bureaucratic functioning style, etc.

26.  Restitution - returning to the proper owner
property or the monetary value of loss. (തിരിച്ചടവ് )
 Accused - a defendant in a criminal proceeding
(കുറ്റാരോപണവിധേയ൯)
Double Jeopardy is defined as that no person shall
be convicted for one offence more than once.
Arbitary arrest:- നിയമപരമായ ചട്ടങ്ങ ക്ക്
ൾ
വിരുദ്ധമായി കുറ്റകൃത്യം ചെയ്തതിന്
സാധ്യതയോ തെളിവുകളോ ഇല്ലാത്ത,
Detension the state of being detained in official custody.