Athira Sabu, Christ (Deemed to be) University, Bangalore
ABSTRACT
“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 (Article 14). Article 20 says that "no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
Justice delayed is justice denied. While this statement holds true for most legal disputes it is of particular relevance to criminal proceedings. Living under the Damocles sword of a prison sentence takes a tremendous emotional toll of the accused. Every defense lawyer can attest to the harmful effects which months or years of existential uncertainty will have on clients. By the end of a lengthy trial the accused will often find herself out of a job, with a marriage in tatters or a once flourishing business ruined. Many suffer from depression or stress-related illnesses. Even an eventual acquittal can feel like a Pyrrhus victory under such circumstances.
Rights of accused, in law, the rights and privileges of a person accused of a crime, guaranteeing him a fair trial. These rights were initially (generally from the 18th century on) confined primarily to the actual trial itself, but in the second half of the 20th century many countries began to extend them to the periods before and after the trial.
All legal systems provide, at least on paper, guarantees that insure certain basic rights of the accused. These include right to trial by jury (unless jury trial is waived), to representation by counsel (at least when he is accused of a serious crime), to present witnesses and evidence that will enable him to prove his innocence, and to confront (i.e., cross-examine) his accusers, as well as freedom from unreasonable searches and seizures and freedom from double jeopardy.
Keywords: Accused, Constitution, India, Articles, Double Jeopardy, Self Incrimination
