Author: Aditi Pandey, Campus Law Centre, Faculty of Law, University of Delhi
Introduction
All individuals are endowed with fundamental human rights, including the Right to Life and the Right to Personal Liberty. These fundamental rights are protected by India’s Constitution and the United Nations Declaration of Human Rights. An individual cannot be deprived of their rights on the ground that they have been apprehended. The rights of an apprehended person can be derived from India’s Code of Criminal Procedure and the Constitution of India. Human rights are the fundamental rights and liberties that are inherent to all human beings, from birth to natural death. These fundamental rights are founded on the principles of dignity, justice, equality, respect, and autonomy, which are defined and safeguarded by law.
Rights of the accused enshrined in the Constitution of India and The Code of Criminal Procedure, 1973
- Right to know the accusation: The accused should be given an equitable chance to defend himself in a fair trial. Thus, all the particulars of the offence with which he is charged shall be stated to him. This has been given in Sections 240 and 251 of The Code of Criminal Procedure, 1973.
Section 240 lays down that if the magistrate is satisfied after examination and hearing that the accused has committed the said offence, he shall frame in writing a charge against the accused. The charge shall subsequently be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Section 251 lays down that the substance of the accusation needs to be stated to the accused when he is brought before the magistrate, and he shall be asked whether he pleads guilty or has any defence to make.
- The accused person to be tried in his presence: Section 317 of the Code of Criminal Procedure, 1973 talks about the trial in the presence of the accused; this would help the accused in preparing the defence. Section 317 also provides an exception to this rule, whereby at any stage of the inquiry, if the court is satisfied that the personal attendance of the accused is not in the interest of justice, the court may, if the accused is represented by the pleader, dispense his attendance and proceed with the trial.
- Evidence to be taken in the presence of the accused: A trial is vitiated by failure to examine the witness in the presence of the accused. This right has been laid down in Section 273 of the Code of Criminal Procedure. The rule is not applicable when the accused’s conduct makes recording evidence in his presence an impossibility; he can reclaim his right to be present on the basis of his expression of a bona fide willingness to behave properly.
The Section contemplates the ‘Constructive Presence’ and not necessarily the actual presence of the accused.
- The accused can be a competent witness but not against himself: Article 20(3) of the Constitution lays down that no person accused of an offence can be compelled to be a witness against himself. Section 315 conforms with Article 20(3); accordingly, the accused can be a competent witness for the defence and can give evidence in disproof of the charges made against him or his co-accused.
- No influence to be used on an accused person to induce disclosure: Section 316 of the CrPC provides that influence in the nature of a threat or promise or otherwise shall not be used to induce an accused to disclose or withhold any matter within his knowledge.
- Right to be defended by the lawyer of his own choice and right to free legal aid: Speedy justice and a fair trial are integral parts of Article 21 of the Constitution. Article 22(1) and Section 303 state that an arrested person shall not be denied the right to consult and to be defended by the legal practitioner of his choice. Section 39A, inter alia, articulates the policy that it is the responsibility of the state to provide free legal aid to an indigent person. The same is provided in Section 304 of the CrPC.
- Right against double jeopardy: According to Article 20(2) of the Constitution and Section 300 of the CrPC, if a person is tried and acquitted or convicted of an offence he cannot be tried again for the same offence or on the same facts for any other offence. This would lead to unjust harassment.
- Right against ex-post facto laws: Ex-post facto laws are laws adopted after the act is committed, making it illegal although it was legal when done. According to Article 20(1), a person cannot be convicted of any offence except for the violation of the law in force at the time of the commission of the offence.
FAQ
Q.1. What are the rights of accused people in fair trial?
Answer:- The rights of accused people in a fair trial typically include:
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Right to be Informed: The right to be informed of the charges against them.
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Right to an Attorney: The right to legal representation.
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Right to a Fair and Impartial Trial: The right to a trial conducted by an unbiased judge and jury.
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Right to Remain Silent: The right to remain silent and not incriminate themselves.
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Right to Confront Witnesses: The right to cross-examine witnesses.
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Right to Evidence: The right to access evidence and present a defense.
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Protection Against Double Jeopardy: Protection from being tried for the same crime twice.
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Protection Against Self-Incrimination: Protection from being forced to testify against themselves.
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Right to a Speedy Trial: The right to a timely trial.
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Right to Due Process: The right to a fair and just legal process.
These rights may vary by jurisdiction and legal system, but they are generally recognized as fundamental principles for ensuring a fair trial.
Q.2. What are the rights of accused and victims under CrPC?
Answer:- The Code of Criminal Procedure (CrPC) in India outlines the rights of both accused and victims:
Rights of the Accused:
- Right to Legal Representation: An accused has the right to be represented by a lawyer of their choice.
- Right to Silence: An accused has the right to remain silent and cannot be compelled to be a witness against themselves.
- Right to Bail: An accused is entitled to seek bail, unless there are compelling reasons to deny it.
- Right to a Fair Trial: The accused has the right to a fair and impartial trial, including the right to cross-examine witnesses and produce evidence.
- Right to be Informed: The accused has the right to be informed of the charges against them.
Rights of the Victim:
- Right to be Informed: A victim has the right to be informed about the progress of the case and the final outcome.
- Right to be Heard: A victim can be heard at various stages of the legal proceedings, such as bail hearings and sentencing.
- Right to Compensation: Victims of certain crimes are entitled to compensation under relevant provisions.
- Right to Protection: Victims may be entitled to protection, especially in cases of sexual assault or threats to their safety.
- Right to File Complaints: Victims have the right to file complaints against police misconduct or non-cooperation.
These rights are designed to ensure due process and protect the interests of both the accused and the victim in criminal proceedings.
Q.3 What are the rights of accused people in UPSC?
Answer:- The rights of accused people in the context of UPSC (Union Public Service Commission) exams typically include:
- Right to a fair and impartial examination process.
- Right to access information related to the examination.
- Right to be free from discrimination and bias.
- Right to privacy of personal information.
- Right to seek redress for grievances or disputes.
- Right to equal opportunity in the examination.
These rights ensure that the examination process is conducted fairly and without prejudice, allowing all candidates an equal chance to compete.
Q.4 What is Section 91 of the CrPC right of accused?
Answer:- Section 91 of the Code of Criminal Procedure (CrPC) in India allows a court to issue a summons or order the production of documents, materials, or other things relevant to an ongoing criminal investigation, inquiry, trial, or other legal proceeding. This can be used by the prosecution or defense to collect evidence and information necessary for the case. The right to request these documents or materials under Section 91 is not specific to the accused; it can be invoked by any party involved in the legal process.
