Rudiments Of Fair And Speedy Trial Under The Constitution: An Overview Of Criminal Procedure In India
- IJLLR Journal
- 34 minutes ago
- 1 min read
Mr. Shivraj Ananta Dubele, B.B.A. LL.B. (Hon’s), University of Mumbai Law Academy
ABSTRACT
The right to a time-bound and fair trial stands as a crucial constitutional guarantee under the provision of Article 21 of the Indian Constitution, ensuring that no person should suffer through prolonged and unjust legal proceedings. Indian judicial pronouncements have expanded this provision to include reasonable time bound for investigation process, prosecution, and trial procedure, along with safeguards such as free legal aid, adjudication of cases without prejudice, and compliances with established process of law. This research article conceptualised the Indian Constitutional grounds, legal framework, and anticipating judiciary which governing this right, specifically in accordance of criminal procedure in India.
With the introduction of The Bharatiya Nagarik Suraksha Sanhita, 2023, the Indian criminal justice delivery procedure has provided with substantial reforms and rectifications that aims and emphasizes at improving effectiveness of this vital procedure through technology, well settled process, and streamlined procedures. However, the inbuild challenges which need to be reform as lack in infrastructure facilities and weak coordination in between prosecution side and investigating authorities constantly prolonged the enforcement of such reforms. This study conceptualised that recent transformations adequately support the constitutional vision and identifies areas requiring further improvement. The motive behind emphasizing that the Justice must be just and fair with abiding provisions, reinforcing that in criminal justice system without effectiveness, fairness and efficiency shouldn’t uphold democratic principles and public trust. Hence, to uphold constitutional principles and public trust in criminal justice system the fair and speedy disposal of the trial becomes key aspect.
