Question

What is a fair trial?

Answer 1

Hint: The idea of whether a trial is fair or not depends on two things. The first being the procedure which is laid down by the Code of Criminal Procedure, 1973 and the second thing is the prevailing criminal justice system.

Complete answer:
A fair trial is referred to as a trial that is conducted by a judge in an impartial way. In other words, it means a trial before an impartial judge, a fair prosecutor and an atmosphere of judicial calm. One can also say that it is a trial in which bias or prejudice for or against the accused, the witness or the cause which is being tried, is eliminated. Thus, in order to secure the right to fair and impartial trial all Indian criminal laws are well framed to safeguard these rights.

The question of whether a trial is fair or not depends upon the procedure which is laid down by the Code of Criminal Procedure, 1973 and the prevailing criminal justice system. At a global level, the concept of a fair trial is recognised as part of human rights by the Universal Declaration of Human Rights (UDHR). It is mentioned in Article 10 of the UDHR.

One of the cornerstones of a just society is the right to a fair trial. It means that the people can be assured that the entire procedure will be fair and certain, thus preventing the government from misusing its powers. Internationally it is recognized as a fundamental human right and countries are required to respect it. Without fair trials, the people who are innocent are convicted and the rule of law and faith of the public in the justice system collapses. It is the primary role of a country’s Government to maintain ‘Law and Order’ on behalf of the whole society. Even the rights of the accused are sacrosanct In a Democratic Society.

Note: Right to a fair trial is a concept that is essentially incorporated in the Indian Constitution. In India, a democratic country, even an accused is not denied his right to life and personal freedom. Article 21 of the Constitution of India renders fair trial a part of life and personal liberty.