Abstract
The judiciary plays a crucial role in protecting the rights of the accused in a criminal justice system. The accused is entitled to a fair trial, and it is the responsibility of the judiciary to ensure that their rights are protected throughout the trial process. This research paper examines the role of the judiciary in protecting the rights of the accused, with a focus on the Indian context.
Introduction
The judiciary is an essential institution in a democratic society, and its primary function is to interpret the law and ensure that justice is served. In a criminal justice system, the accused is presumed to be innocent until proven guilty, and it is the responsibility of the prosecution to prove the guilt of the accused beyond a reasonable doubt. The judiciary plays a vital role in protecting the rights of the accused, ensuring that they receive a fair trial, and preventing miscarriages of justice. The Judiciary’s Crucial Role in Protecting the Rights of the Accused The judiciary is the foundation of a fair and just society, with main duty for upholding the rule of law and protecting the rights of all citizens, even those accused of crimes. In India, the judiciary is critical to ensuring that the accused is given a fair trial and treated fairly throughout the legal process. The Indian Constitution, including Articles 20, 21, and 22, provides strong protections for those accused of crimes, and it is the judiciary’s responsibility to interpret and execute these laws. The judiciary’s role in defending the rights of the accused is diverse.
Rights of the Accused
The accused has several rights that are protected by the Constitution and the laws of the land. These rights include:
1. Right to a Fair Trial: The accused has the right to a fair and impartial trial, conducted in accordance with the principles of natural justice.
2. Right to be Presumed Innocent: The accused is presumed to be innocent until proven guilty, and it is the responsibility of the prosecution to prove the guilt of the accused beyond a reasonable doubt.
3. Right to Legal Representation: The accused has the right to be represented by a lawyer of their choice, and to have access to legal aid if they cannot afford to engage a lawyer.
4. Right to be Informed of the Charges: The accused has the right to be informed of the charges against them, and to have access to the evidence that will be used against them.
5. Right to Cross-Examine Witnesses: The accused has the right to cross-examine the witnesses against them, and to present their own witnesses in defense.
Role of the Judiciary
The judiciary plays a crucial role in protecting the rights of the accused, ensuring that they receive a fair trial, and preventing miscarriages of justice. The judiciary’s role includes:
1. Ensuring a Fair Trial: The judiciary must ensure that the trial is conducted fairly and impartially, and that the accused is given a reasonable opportunity to defend themselves.
2. Protecting the Rights of the Accused: The judiciary must protect the rights of the accused, including the right to be presumed innocent, the right to legal representation, and the right to cross-examine witnesses.
3. Preventing Miscarriages of Justice: The judiciary must take steps to prevent miscarriages of justice, including ensuring that the prosecution does not withhold evidence, and that the accused is not coerced into making a confession.
4. Interpreting the Law: The judiciary must interpret the law in a way that protects the rights of the accused, and ensures that justice is served.
Constitutional Safeguards for the Accused in India
The Indian Constitution provides robust protections for individuals accused of crimes, ensuring that their rights are safeguarded throughout the legal process. These safeguards are enshrined in Articles 20, 21, and 22 of the Constitution.
Article 20: Protection from Ex Post Facto Laws, Double Jeopardy, and Self-Incrimination
Article 20 provides three key protections:
1. Ex Post Facto Laws: No person can be convicted of an offense that was not an offense at the time it was committed.
2. Double Jeopardy: No person can be prosecuted and punished for the same offense more than once.
3. Self-Incrimination: No person can be compelled to be a witness against themselves in a criminal proceeding.
Article 21: Right to Life and Personal Liberty
Article 21 guarantees the right to life and personal liberty, which has been interpreted by the Supreme Court to include the right to a fair trial. This means that any procedure that deprives a person of their life or personal liberty must be fair, just, and reasonable.
Article 22: Rights Regarding Arrest and Detention
Article 22 establishes several rights for individuals who are arrested or detained:
1. Right to be Notified of the Basis for Arrest: The person must be informed of the grounds for their arrest.
2. Right to Contact Legal Counsel: The person has the right to consult and be defended by a lawyer of their choice.
3. Production Before a Magistrate: The person must be produced before a magistrate within 24 hours of arrest, excluding travel time.
Maneka Gandhi v. Union of India (1978 AIR 597)
In this landmark case, the Supreme Court ruled that the phrase “procedure established by law” under Article 21 must be “just, fair, and reasonable.” This ruling broadened the scope of due process rights, ensuring that any law that deprives a person of their life or personal liberty must be reasonable and fair.
- Joginder Kumar v. State of Uttar Pradesh (1994): Held that the police officer must inform the friend or relative of the arrested person about his arrest and make an entry in the register maintained by the police.
- D.K. Basu v. State of West Bengal (1997): Issued guidelines for arrest and detention, including the right to inform a friend or relative about the arrest.
- Arvind Kejriwal vs Central Bureau of Investigation (2024): The Supreme Court held that the arrest of Mr. Kejriwal was legal, but granted him bail due to prolonged incarceration and delay in trial.
- Manish Sisodia vs Directorate of Enforcement (2024): The Supreme Court granted bail to Manish Sisodia, emphasizing the right to a speedy trial and the need to avoid prolonged detention.
- Prabir Purkayastha vs State (NCT of Delhi) (2024): The Supreme Court ruled that communication of grounds of arrest must be meaningful and effective, preferably in writing.
- Vihaan Kumar vs The State of Haryana (2025): The Supreme Court held that failure to communicate grounds of arrest vitiates the arrest, and subsequent custody remains unlawful.
- Frank Vitus vs Narcotics Control Bureau (2024): The Supreme Court ruled that requiring an accused to share location on Google Maps as a bail condition violates their right to privacy.
Conclusion
The judiciary plays a vital role in protecting the rights of the accused in a criminal justice system. The accused is entitled to a fair trial, and it is the responsibility of the judiciary to ensure that their rights are protected throughout the trial process. The judiciary must ensure that the trial is conducted fairly and impartially, protect the rights of the accused, prevent miscarriages of justice, and interpret the law in a way that protects the rights of the accused. The judiciary is the primary defender of the accused’s rights against abuses by the state, police, or prosecuting authorities. Courts ensure that accused people are handled fairly, with dignity, and within the confines of justice by interpreting the constitution, making case law, and overseeing legislation. As criminal law evolves in response to shifting social and political environments, the judiciary must stay committed to protecting the presumption of innocence, the right to counsel, and procedural protections. In doing so, it preserves public trust in the legal system and strengthens the basic foundation of democratic government.
CONTRIBUTED BY : RIYA