fair trial
PRAKASHCHANDRA MARU
(Querist) 30 June 2009
This query is : Resolved
hello all learned experts,
what is the defination of the fair trial and in which book it is shown thank u
A V Vishal
(Expert) 01 July 2009
The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed.
The right to a fair trial is explicitly proclaimed in Article Ten of the Universal Declaration of Human Rights.
kolisetty koushal
(Expert) 01 July 2009
If the trail is conducted as per the principles,going to be enumerated bellow, that trial is consider fair, just & reasonable. The procedure like Cr.P.C are there to ensure the conduction of fair, just and reasonable trial.
1.Advisory Jurisdiction.
2.Presumption of innocence of accused.
3.Independent,impartial and competent judiciary.
4.Venue of the trial.(sec.177)
5.Right of the accused to know the acquisition.
6.Accused should be tried in his presence.
7.Evidence has to be taken in presence of accused.
8.Right of the accused to cross examine the prosecution witness and to produce his defence and evidence.
9.Right of accused speed trial.
10.Right of accused against ex-post facto laws.Art 20(1)
11. Right of accused against Double Jeo pardy. Art 20(2)
12.Right of against self incrimination. Art 20(3)
13.Right of accused to have public trial.
14.Right of accused to be tried in open court.
As per Article 10 and 11 of Universal declaration of Human Rights and as per Article 14,20 & 21 of constitution of India fair,just and reasonable trial is conducted in india
