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The right of the accused is a fundamental aspect of criminal justice that ensures that individuals accused of a crime are afforded certain legal protections. These protections are essential to ...
- Introduction
- Objective
- Who Is An Accused Under Criminal Law
- A Criminal Trial in India
- Legal Position in India
- Legal Protection Under The Constitution of India
- Legal Aid to The Accused in Criminal Law
- Concept of Speedy Trial
- Conclusion
- References
A person under the custody of the police or under-trial possess does not lose his fundamental rights and human rights merely because of incarceration. This is based on the principle that “hundreds of guilty persons may get scot-free but one innocent should not be punished.” The Criminal jurisprudence provides immense protection to the accused perso...
The main intention of the legislature in providing a basic legal right to the accused person is to maintain the human dignity which is available to every citizen of India under the Constitution of India. The accused person should be treated equally like any other human being until proven guilty beyond the reasonable doubt. He should not be denied a...
The term “accused” has not been defined anywhere in the Code of Criminal Procedure, 1973. However, in general, it can be defined as the person charged with conflict of law or infringement of the law which is enshrined under the criminal law. The accused is liable for such actions and if convicted then to be punished under the relevant provisions of...
A criminal trial is largely governed by the Code of Criminal Procedure, 1973. The procedure for a criminal trial in India, is primarily, except as otherwise provided, governed by The Code of Criminal Procedure, 1973. The Indian Evidence Act, 1882also provides various provisions regarding a criminal trial in India. It provides the manner of producti...
The Indian laws are well defined when it comes to the rights of accused during a criminal trial. There are various provisions under criminal law and specific law which deals with the issue of rights of an accused. Several judicial precedents provide effective remedies to the accused person during a criminal trial. The intent of the legislation in p...
The constitution of India is considered as a basic source of fundamental rights and laws which governs the rules and regulations in the country. The all other laws in India must be consistent with the provisions of the constitution. The constitution of India, as well as criminal law, provides for the protection of rights of accused and convicted pe...
Article 39-A of the Indian Constitutionprovides for the right to free legal to the accused due to poverty and indigent reasons where he has no means to appoint or engage a counsel for the defence before the court of law. The state is under the constitutional obligation to provide free legal aid to the accused person under Article 21 which is explic...
The concept of speedy trial is based on the principle of “justice delayed is justice denied.” speedy trial to an accused person is considered as an integral part of Article 21 of the Constitution of India. It is believed that the state as a guardian of the constitution and fundamental rights of its citizens has the duty to provide the speedy justic...
Hence, the author concludes that it is fundamental as well as the human right of the accused to be protected against the illegal actions of the state. The Code of criminal procedure, the Indian Evidence Act and the constitution of India provides the legal protection to the accused person during the trial proceedings before the court of law. nowaday...
- Ayush Verma
Aug 31, 2024 · An “accused” is a person who has been arrested for or formally charged with a crime. Our holy Indian constitution preserves certain rights for the accused/arrested person to protect them from unlawful detention.
Nov 23, 2020 · A person holding the formal allegation of a recognized offence in a certified (written) document charged with the commission of the crime is termed as an accused.The process of arresting an accused follows a standardized enforcement of law.
An accused is a person who is charged with a crime or on trial for a crime but not yet proven a criminal. India is a democratic country and so the concept of fair trial is a constitutional obligation. In Indian courts, an accused person is not guilty until proven beyond reasonable doubt.
An accused has the following rights before commencement of trial of a criminal case: 1. Right to know about the accusations and charges. An accused has the right to know the charges against him and details of offence under the Criminal Procedure Code (CrPC), 1973. 2. Right against wrongful arrest.
Dec 14, 2019 · Criminal Courts. Sessions Court. Subordinate Judge Class II. The Prosecutor. Appearance by Prosecutors. Others not to conduct prosecution without permission. The Accused Person. Obligations upon the accused. The accused person is also given certain rights and privileges which are: Accused of unsound mind. Resumption of enquiry or trial.
