Question

What is a fair trial?
A.The trial in the absence of accused
B.The trial in the presence of accused
C.Judge should not be there for judgment
D.All of these

Answer 1

Hint:The privilege of a fair trial has been characterized in various territorial and worldwide common freedoms instruments. The fair trial gives a privilege for everyone to witness the trial and carries out unbiased trials.

Complete answer:
-A fair trial is an open preliminary by an unbiased adjudicator where every being is dealt with similarly. The option to a fair trial is one of the basic liberties and rule of law pointed toward the guaranteeing organization of equity.
-It incorporates reasonable and legitimate open doors permitted by law to demonstrate innocence. It is one of the most common liberties and all worldwide basic freedoms instruments cherish it in more than one article.
Standards of a Fair Trial are as follows-
-Assumption of innocence (The weight of demonstrating the charge is blameworthy is on the prosecution).
-Autonomous, fair, and capable appointed authority (Sec 479 of the Cr.PC denies the preliminary of a criminal case by an adjudicator who is either a member of the prosecutor or is intrigued by the case).
-Quick preliminary (SC in Hussainara Khatoon v. Province of Bihar, 1979 held that quick preliminary is a fundamental element of Article 21).
-Trail in the presence of the accused. (Sec 273 of Cr.PC gives that all proofs to be taken within the sight of the denounced or his pleader).
-Questioning of indictment witnesses.
-Denial of double jeopardy (Article 20(2) of the Constitution gives that no individual will be arraigned and rebuffed for a similar offense more than once).
Based on the above description let us review the options and discuss the answer.
-Option A - the trial in the absence of the accused cannot be termed as a fair trial because the accused will not have any chance at speaking for himself in front of the judge, jury, and prosecutor which becomes a disadvantage for him to prove his innocence.

-Option B - the trial in the presence of the accused is a hearing in open court which accommodates a fair trial in an open court and proof will be taken in presence of blame which gives him an opportunity to speak for or against it with the help of the defendant.

-Option C - the judge should not be there - it is an incorrect option as an unbiased judge is essential to survey all the statements and allegations placed and to voice out the judgment.

Hence, the correct answer is Option B.

Note: Article 22 of the Constitution and criminal law ensure the accompanying Fundamental Rights to each arrested individual-
-The Right to be educated at the hour of the capture of the offense for which the individual is being captured.
-The Right to be introduced before a judge within 24 hours of capture.
-The Right not to be abused or tormented during capture or in care.
-Confessions made in police care cannot be utilized as proof against the blamed.
-A person under 15 years old and ladies can't be called to the police headquarters just for addressing.