Vishal Anand, Postgraduate from Chanakya National Law University, Patna, Bihar
ABSTRACT
There are various rights in different statutes in India including the Constitution of India for the protection of accused. Some of these rights come under the ambit of basic human rights and some comes under the scope of fundamental rights as guaranteed by the Constitution of India. Irrespective of these rights, there are certain cases, where the rights of accused are violated due to various reasons under the criminal justice system. The violation caused is a kind of injustice to the accused as their fundamental rights are being violated. This violation is generally caused by the police officers while making arrest or detaining any person accused of any crime. Basically, it can be said that the rights of accused are very well protective under Article 21 of the Constitution of India because of which there is an increase in the number of offences or/and it has been seen in many cases that the accused are not given any or all of the protections under Article 21 of the Constitution of India because of which their human rights are infringed. The judiciary has also helped in safeguarding the rights of the accused and provided with certain guidelines in various cases. All these have been discussed in the later part of the chapter in detail.
Keywords: Article-21, Procedure Established by Law, Right to Fair Trial, Right to Life, Right to Speedy Trial.
