Criminal Procedure Assignment

Criminal Procedure Assignment

Reasonableness or fairness is a related concept. So too is the concept of fair trial. Try to identify the concept of fair trial with “independent, impartial and competent judiciary”, “free legal aid to indigent accused” “presumption of innocence” as comprehended or conceived in our adjective law.

The most indispensable condition for a fair trial is to have an independent, impartial and competent judge to conduct the trial. It is necessary to break down these elements to understand the need for a fair trial. In spite of the need for judges to exercise their professional responsibilities in true independence, it is often seen that various pressure from outside comprises their ability to do so. The independence

As stated in the case of Kehar Singh vs. State (Delhi Admn.), Section 327 makes provision for open court generally accessible to the members of the public. Public trial in open court is undoubtedly the most essential element for a fair administration of justice. Another important factor is hierarchy of courts and their power to try the offences. This hierarchy is required for proper utilization of the available resources for administration of criminal justice. This will lead to speedy trials and complicated cases would be handled with great care by qualified and experienced

The principle says that the accused person is presumed to be innocent unless he is proven guilty beyond reasonable doubt. The burden of proving the guilt of the accused is upon the prosecution. The courts cannot record a finding of the guilt of the accused unless the prosecution relieves itself if that burden. The provisions of the Code are framed in such a manner that a criminal trial should begin with and be throughout governed by this essential presumption.

The principle of proof beyond reasonable doubt should not be stretched. The extreme concern suggested in the stance that a thousand guilty men go out but one innocent martyr shall not suffer is a false dilemma. Only reasonable doubts belong to the accused. Otherwise any practical system will then break down and lose credibility with the community.

All the criticism pointed out against the principle of ‘presumption of innocence” has been applied and misused by weak and incompetent judges.

Giving so much of importance to proof beyond reasonable doubt by the prosecution and ignoring the ground realities, the fact situations often results in miscarriage of justice and makes the justice delivery system a