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The Concept Of Fair Trial Procedure In India

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Ms. Rita Laha, Amity Law School

Mr. Sandeep Mishra, Faculty, Amity Law School


ABSTRACT


This research paper conducts a comprehensive examination of the concept of fair trial rights within the context of the Indian criminal justice system. It evaluates the existing legal and constitutional framework, judicial precedents, international obligations, and practical challenges that shape the realization of these fundamental rights.


The paper systematically analyzes the scope and content of fair trial guarantees under the Indian Constitution, criminal statutes, and India's commitments under international human rights treaties. It traces the evolution of fair trial jurisprudence through landmark Supreme Court judgments. However, the paper's primary focus is on identifying and critically assessing the systemic barriers that impede the effective implementation of fair trial rights in practice.


Through an in-depth analysis of empirical evidence, case studies, and academic literature, the paper uncovers the harsh realities confronting India's criminal justice institutions. These include the prevalence of custodial violence, fabrication of evidence, inordinate delays, inadequate legal representation, overburdened courts, arbitrary sentencing practices, and appalling prison conditions. The cumulative impact is a pervasive erosion of fair trial safeguards and public trust in the administration of criminal justice.

Recognizing that ensuring fair trials is a shared responsibility, the paper evaluates the roles of key stakeholders, including the police, prosecution, judiciary, legal profession, and civil society. It highlights the urgent need for systemic reforms aimed at strengthening fair trial guarantees. Key recommendations include enhancing police accountability, securing judicial independence, expanding access to competent legal aid, leveraging technology for greater transparency, and promoting public awareness.


The paper makes an original contribution by adopting a comprehensive approach that integrates legal analysis with empirical insights to provide a nuanced understanding of fair trial challenges in India. It offers a constructive roadmap for legislative reforms, institutional capacity-building, and civic engagement to bridge the gap between the promise of fair trial rights and their actual realization. Ultimately, the paper argues, upholding fair trial standards is essential to vindicate the rule of law, protect human rights, and strengthen India's criminal justice system.


Keywords: Fair Trial Rights, Criminal Justice Reform, Indian Constitution, Human Rights Law, Legal Aid, Judicial Independence, Police Accountability, Prison Reforms, India.

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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Licensing: 

 

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.

 

Disclaimer:

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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