Importance Of Right To Fair Trial

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What is right to fair trial and what makes them special?

Analyse the effectiveness of law( national and international) and judicial pronouncement in protecting fair trial rights.

INTRODUCTION TO FAIR TRIAL.

The one thing in common all civilized nations must have in their criminal justice administration system is minimum fair trial rights to every accused person irrespective of their status.
Civilization of a nation is measured by a method that is largely used by its criminal system.
A Fair Trial is the best way to extract the guilty from the innocent. Fair Trail is perhaps the best means to protect the innocent against injustice. The concept of right to a fair trial is a norm at the Universal Declaration of Human Rights, 1948, the features …show more content…

Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 14 of the ICCPR – (1) “Everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.”
(2) Provides for presumption of innocence.
(3) Sets out a list of minimum fair trial rights in criminal proceedings.
(5) Establishes the rights of a convicted person to a higher court review the conviction or sentence
(7) Prohibits Double …show more content…

In the case of Zahira Habidullah Sheikh and Others v. State of Gujarat and Others the Supreme Court stated that principle of fair trial is constantly evolving and is of great importance as far as our Criminal Justice System is concerned. The accused has various rights like Pre-Trial Rights and Post Trial Rights that are guaranteed under Criminal Procedure Code, 1973. Fair Trial is also reflected in our Constitution under the Article 21 and Article 22 of the Indian

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