Law and You >Procedural Laws > CrPC > Importance of Fair Trial

It is always said that “justice should not only be done, but it should appear to have been done”.  “Trial, the hearing of a case, civil or criminal before a Judge who has jurisdiction over it according to the laws of the land. A trial is the finding out by due examination of the truth of the point in issue or question between the parties, whereupon judgment may be given. It is the duty of the presiding judge to explore every avenue open to him in order to discover the truth and to advance the cause of justice. The primary object of a criminal trial is to ensure a fair trial. A fair trial has naturally two objects involved. It must be fair to the accused and must also be fair to the prosecution. The trial must be judged from this dual point of view. The object of a criminal trial is to render public justice to punish the criminal and to see that the trial is concluded expeditiously before the memory of the witness fades out. The object of a criminal trial is to convict a guilty person when the guilt is established beyond a reasonable doubt, no less than it is Court’s duty to acquit the accused when such guilt is not so established. In this article, we shall study the importance of a fair trial.

Fair Trial:

A fair trial is an open trial by an impartial judge in which all parties are treated equally. The right to a fair trial is one of the fundamental guarantees of human rights and rule of law, aimed at ensuring the administration of justice. A fair trial includes fair and proper opportunities allowed by law to prove innocence.

In Centre for Public Interest Litigation v. Union of India, AIR 2005 SC 4413 case, the Court observed: “It is often said that justice should not only be done but it should appear to have been done.”

In Metropolitan Properties Ltd. v. Lannon (1968) 3 All E.R. 304 case, Lord Denning said “justice must be rooted in confidence, and confidence is destroyed when right-minded people go away thinking “The Judge is biased”.

International Covenants:

Article 14 of the International Covenant on Civil and Political Rights:

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (order public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
   (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
   (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
   (c) To be tried without undue delay;
   (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
   (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
   (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
   (g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the nondisclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 10 of the Universal Declaration of Human Rights:

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Constitutional Provisions:

Article 21 of the Indian Constitution: No person shall be deprived of his life and personal liberty except according to procedure established by law.

The right to defend oneself and for that purpose to adduce evidence is recognized by the parliament in terms of sub-section (2)of section 243 of the code of criminal procedure,1973.

Concept of Reverse Burden:

The golden rule that runs through the web of civilized criminal jurisprudence is that an accused is presumed innocent until proved guilty of the charged offence. Presumption of innocence is a human right recognized as such under Article 14(2) on the International Covenant on Civil and Political Rights 1966. Article 11(!) of the Universal Declaration of Human Rights 1948, also provides that any person charged with penal offences has a right to be presumed innocent until proved guilty according to the law in a public trial in which he has all the guarantees necessary for his defence.

In K. Veeraswamy v. Union of India, (1991)3 SCC 655 case the Court observed: “No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is a part of the common law of England and no attempt to whittle it down can be entertained.”

In V. D. Jhingam v. State of Utter Pradesh, AIR 1966 SC 1762 case, the Court observed: “The cardinal rule of our criminal jurisprudence that the burden to prove the guilt of the accused would always lie upon the prosecution to prove all the facts constituting the offence beyond a reasonable doubt. If there is a reasonable doubt, the accused is entitled to the benefit of reasonable doubt.”

In Sanjeev Kumar v. State of Punjab,  (2009)16 SCC 487 case, the Court observed “we cannot lose the sight principle that while the prosecution has to prove its case beyond a reasonable doubt, the dense of the accused has to be tested on the touchstone of probability. The burden of proof lies on the prospection in all criminal trials, though the onus may shift to the accused in given circumstances, and if so provided by law. Therefore, the evidence has to be appreciated to find out whether the defence set up by the appellant is probable and true”

In Rangammal v. Kuppuswami, AIR 2011 SC 2344 case, the Court observed: “It is the well-established dictum of the Evidence Act that misplacing burden of proof would vitiate the judgment.”

Principles of Fair Trial:

The following are the principles of a fair trial:-

1. Adversary trial system
2. Presumption of innocence
3. Independent, Impartial and Competent judge
4. Knowledge of accusation
5. Right to open trial
6. Right to free legal aid
7. The trial in presence of accused
8. Evidence to be taken in presence of accused
9. Protection against illegal arrest
10. Right to bail
11. Prohibition on double jeopardy
12. Right against self-incrimination
13. Right to Appeal

Conclusion:

It is always said that “justice should not only be done, but it should appear to have been done”. A fair trial can be said to satisfy this aspect. The Right to get a fair trial is an essential right of every accused. It brings confidence in the public and the people start to believe in the judiciary. The right to a fair trial is not just a domestic right but also the various international conventions guaranteed this right.

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