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Constitutionality Of Media Trials In Criminal Justice System





Kanika Goel, Advocate enrolled with Bar council of Delhi & Student, LLM (ADR), Vivekananda Institute of Professional Studies (Affiliated to GGSIPU)


ABSTRACT


There have been numerous cases which reflects the fact that media has a great influence upon the public’s opinion and has started interfering in the judicial processes. The purpose of this article is to identify the extent of the influence which media trials exert upon public in formation of their opinions and the consequence of the interference witnessed with the court proceedings. Media trials have been encroaching upon the criminal justice system of India heading towards the dire assassination of an accused’s character even before his conviction. Subsequently, various case laws have been referred to justify the fact as to how the media trials have successfully troubled the fair and independent court proceedings and harmed the criminal justice system of the nation. The article specifically mentions how media from being the fourth pillar of the democracy is turning into a self-claimed entity to facilitate justice. Also, a comparison is made between the essence of a fair trial to that of a media trial and how the credibility of media is diminishing with each passing day. With the conclusion of the article, few regulatory measures have been stated to restrict and regulate the functioning of media houses as they interfere with the fair functioning of the judiciary.


Keywords: influence, assassination, self-claimed entity, credibility

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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