crpc final report

7/23/2019 CrPC Final Report

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RIGHTS OF ACCUSED IN THE CONTEXT OF CRIMINAL

JURISPRUDENCE IN INDIA

In compliance to the partial fulfillment of the marking scheme, for Trimester 5 of 2015-2016, in the subject of

LA !" #$I%&'-II

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TABLE OF CONTENTS

Sr.No. TOPIC Pg.No.

i. COVER PAGE 1

ii. INDEX 2

iii. ABBREVIATIONS 3

iv. TABLE OF CASES AND STATUTES 3!

v. 1. RESEARCH METHODOLOG"

1(1 !bjecti)e of the stu*+

1(2 $esearch %etho*olog+

1( "ormatting %etho*olog+

1( 'cope of the 'tu*+

1(5 #hapter 'cheme

1.# Limitation of the 'tu*+

$#

vi. 2. INTRODUCTION

2(1 .efination of Accuse*

2(2 %eaning/ $ights of the Accuse*

2( &)olution/ .e)elopment of La

%&

vii. 3. LEGAL ANAL"SIS

(1 $ights of the Acuuse* un*er #onstitution of In*ia

3.2 $ights of Accuse* un*er #riminal proce*ure co*e

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viii. !. ROLE OF JUDICIAR"

(1 Lan*mark #ases

!.2 In*ian '+stem/ Incline* toar*s Accuse*

1!1$

i(. $. COMPARITIVE STUD" 1#1%1

(. #. CONCLUSIONS ) SUGGESTIONS 1&1'

(i. BIBLIOGRAPH" 2*

LIST OF ABBREVIATIONS

AI$ All In*ia $eporter #r# #riminal roce*ure co*e

I# In*ian enal #o*e

!TA re)ention of Terrorism Act

'# 'upreme #ourt

'## 'upreme #ourt #ases

.3$ ni)ersal .eclaration of 3uman $ights

4 nite* 4ing*om

'A nite* 'tates of America

!I nion of In*ia

'# nite* 'tates #o*e

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LIST OF STATUTES

ni)ersal .eclaration of 3uman $ights, 1

International #o)enant on #i)il an* olitical $ights, 166

The #o*e of #riminal roce*ure, 17

In*ian &)i*ence Act, 172

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LIST OF CASES REFFERED

.(4( 8asu )( 'tate of est 8engal, AI$ 17 '# 610(

3athi 'ingh %anufacturing #o( )( nion of In*ia, AI$ 160 '# 2(

3ussainara4hatoon )( 'tate of 8ihar, 910: 1 '## , 107/ 10 '## 9#ri: 0,

/ 17 #rL; 105, 1051(

3ussainara4hatoon 9


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1. RESEARCH METHODOLOG"

1.1 OBJECTIVE OF STUD"

The objecti)e of the researcher>s stu*+ on this topic is to *issect an* gi)e a holistic anal+sis

of the )arious aspects of the $ights of Accuse* in the #onte@t of #riminal ;urispru*ence in

In*ia( This project anal+sis )arious pro)isions relate* to this aspect, un*er the #onstitution

an* the proce*ural la i(e( #o*e of #riminal roce*ure(

1.2 RESEARCH METHODOLOG"

The nature of research metho*olog+ a*opte* b+ the researcher for this particular topic is

purel+ *octrinal( The researcher has use* resources a)ailable at the librar+ of college an* the

orl* i*e eb( Thus, the researcher of this project has use* secon*ar+ *ata for the

successful completion of this project(


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#onstitution(

The same chapter continues ith, B$ights of Accuse* un*er the #o*eC, the researcher has

*iscusse* in *etail the rights gi)en to the accuse* in the #riminal roce*ure #o*e of In*ia(The chapter *eals ith the pro)isions relate* to the arreste* person, *ut+ of the magistrate,

confession, introgation an* bail un*er the co*e(

In the fourth chapter, title* B$ole of ;u*iciar+C the researcher has criticall+ anal+e* the In*ia

;ustice '+stem b+ The role an* *uties of the ju*ges an* lan*mark cases further e@plaining the

rights of the accuse*( %oreo)er, it also *eals ith the situation of the inclination of the In*ian

'+stem toar*s the accuse*(

In the fifth chapter, B#omparati)e stu*+C, a comparison is *ran on the las relating to the

rights of the accuse* in *ifferent countries i(e( 'A D 4(

In the Last chapter, brief *e*uctions ha)e been ma*e along ith *iscussion of the rights of

the accuse* in the In*ian Las an* some suggestions ha)e also been forar*e*, in light of

the %alimath #ommittee $eport(

1.# LIMITATION OF THE STUD"

.ue to paucit+ of time an* lack of resources, the researcher coul* not un*ertake a complete

an* in *epth stu*+ of the present topic through primar+ sources( 3oe)er an e@hausti)e use

of the Internet an* librar+ resources for the successful completion of this project has been

*one(

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2. INTRODCTION

2.1 DEFINITION OF ACCUSED

The term Eaccuse*E has not been specificall+ *efine* in the co*e but hat e generall+

un*erstan* is that the accuse* means the person charge* ith an infringement of the la for

hich he is liable an* if con)icte* then to be punishe*( In other or*s, an accuse* is a person

ho is charge* ith the commission of offence( The !@for* .ictionar+ *efines accuse* as,

Ba person or group of people ho are charge* ith or on trial for a crimeC( An offence is

*efine* as an act or omission ma*e punishable b+ an+ la for the time being in force(

2.2 MEANING+ RIGHTS OF ACCUSED,FAIRNESS TO ACCUSED

An accuse* cannot ha)e similar footing ith the con)icte* person( In the 8ill of $ights

!r*inance, 11 affirms that e)er+ accuse* has a right to be presume* innocent until his guilt

is pro)e*( Thus, the accuse* person has e)er+ right like other citien of the countr+ e@cept his

curtailment of person libert+ in conformit+ ith las( The basic *ifference is that an

accusation has been ma*e against the accuse* person for )iolation of la or offence pre)alent

in the countr+( The rights of the accuse* person are of much concern to*a+( 8elate*l+ though,

it has been obser)e* the blatant an* flagrant )iolation of their rights in *ifferent stages( The

implication of Article 21 of the #onstitution of In*ia is that a person coul* be *epri)e* of his

life or personal libert+ onl+ in accor*ance ith proce*ure establishe* b+ la( As per Article

22 of #onstitution of In*ia, a person ho is arreste* for hate)er reason gets three

in*epen*ent rights( The first is the right to be tol* or informe* the reasons for the arrest as

soon as an arrest is ma*e, the secon* is the right to be pro*uce* before a %agistrate ithin 2

hours an* the thir* is the right to be *efen*e* b+ an a*)ocate of his choice(

The Thir* $eport of the ble 'upreme #ourt of In*ia sai* that

an arrest cannot be ma*e simpl+ because it is laful for a police officer to *o so( Arrest an*

*etention in police lock up can cause incalculable harm to the reputation an* self-esteem of a

person( Therefore, arrest shoul* not be ma*e in a routine manner on mere allegation that a

person has committe* an offence(

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2.3 EVOLUTION+ DEVELOPMENT OF THE LA-

$ights of accuse*, in la, the rights an* pri)ileges of a person accuse* of a crime,

guaranteeing him a fair trial( These rights ere initiall+ 9generall+ from the 1th centur+ on:confine* primaril+ to the actual trial itself, but in the secon* half of the 20th centur+ man+

countries began to e@ten* them to the perio*s before an* after the trial( All legal s+stems

pro)i*e, at least on paper, guarantees that insure certain basic rights of the accuse*( These

inclu*e right to trial b+ jur+ 9unless jur+ trial is ai)e*:, to representation b+ counsel 9at least

hen he is accuse* of a serious crime:, to present itnesses an* e)i*ence that ill enable

him to pro)e his innocence, an* to confront 9i(e(, cross-e@amine: his accusers, as ell as

free*om from unreasonable searches an* seiures an* free*om from *ouble jeopar*+( At the

present stage of ci)iliation it has been i*el+ accepte* as human )alue that a person accuse*

of an+ offence shoul* not be punishe* unless he has been gi)en far trail an* this guilt has

been pro)e in such trail( The notion of fair trail, like all other concept incorporating fairness

an* reasonableness, cannot be e@plaine* in absolute terms( "airness is relati)e concept an*

therefore fairness in criminal trial coul* be measure onl+ in relation to the gra)it+ of the

accusation, time an* resources hich societ+ can reasonabl+ affor* to spee*, the ?ualit+ of

the a)ailable resource, an* pre)ailing social )alue etc(

The major attributes of fair criminal trial are enshrine* in Articles 10 of the ni)ersal

.eclaration of 3uman $ights(

These Articles pro)i*e/

1: &)er+one in entitle* in full e?ualit+ to fir an* public hearing b+ an in*epen*ent an*

impartial tribunal, in the *etermination of his rights an* obligations of an+ criminal charge

against him( 9Article 100

2: &)er+one charge ith penal offence has the right to be presume* innocent until pro)e*

guilt+ accor*ing to the la in public trial at hich he has ha* all the guarantees necessar+ for

his *efense( 9Article 11:

!ur courts ha)e recognie* that the primar+ object of the criminal proce*ure is to ensure a

fair trial of accuse* persons, an* the La #ommission $eport has accepte* the )ie that

re?uirements of a fair trial, speaking broa*l+, relate to the character of the court, the )enue,

the mo*e of con*ucting the trial 9particularl+ trial in public:, the rights of the accuse* an*

other rights(

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3. LEGAL ANAL"SIS

The resent Legal "rameork, 'tu*+ of #riminal ro)isions, an* $ele)ant Legal 8o*ies ha)e been

*ealt in *etail in the folloing chapter/

3.1 RIGHTS OF ACCUSED UNDER THE CONSTITUTION OF INDIA

The meaning of the term Baccuse*C an* the basis of the recognition of )arious human rights

to an accuse* ha)e been *iscusse*( It has been obser)e* that the concept of the rights of an

accuse* person is mainl+ base* on principles of natural justice an* thus is time immemorial

but it ha* assume* much importance at the international le)el from 1 onar*s *ue to

ni)ersal .eclaration of 3uman $ights, 1, International #o)enant on #i)il an* olitical

$ights, 166 an* man+ other international *ocuments an* at the national le)el *ue to the

)arious fun*amental rights guarantee* un*er the #onstitution of In*ia( Thus, before

e@amining the )arious human rights of an accuse* in *etail, it oul* be useful to *iscuss in

brief e)olution of such rights( hich is propose* to be subject matter of this chapter( The

*iscussion of the e)olution of the rights of accuse* ma+ be ma*e in fi)e parts/

1( $ights of accuse* recognise* un*er 3in*u Legal '+stem in Ancient In*ia

2( $ights of accuse* grante* un*er %uslim Legal '+stem

( $ights of accuse* recognise* *uring 8ritish erio*( $ights of accuse* recognise* at International Le)el

5( $ights of accuse* recognise* an* guarantee* at


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9ii: $ight against e@-post facto operation of la

9iii: rotection against *ouble jeopar*+

9i): rotection against self-incrimination

9): $ight to ha)e free*om from unante* arrest an* matters inci*ental thereto

9)i: $ight to legal *efense9)ii: $ight to ha)e public an* spee*+ trial

9)iii: $ight relating to pre-trial *etention an* matters inci*ental thereto an*

9i@: $ight to approach higher ju*icial authorit+ for filing appeal, etc(

L&=ITI%A#G !"


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9ii: 'econ*l+, that the bur*en of pro)ing the guilt of the accuse* lies hea)il+ on the

prosecution an* it must be *ischarge* be+on* reasonable *oubt an*

9iii: Thir*l+, the benefit of *oubt is accor*e* to the accuse* couple* ith the pri)ilege of

silence(

3ence, the rights of the accuse* are gi)en utmost importance an* are BsacrosanctC( Alongith the pro)isions of our #onstitution an* the #o*e of #riminal roce*ure, se)eral lea*ing

cases ha)e lai* *on the basic rights of the accuse*( Though, the basic human rights of the

accuse* ought to be gi)en important, the balance beteen them an* the rights of the )ictims

nee* to be maintaine*((

The folloing are the rights a)ailable to the accuse* in In*ian #riminal ;urispru*ence/

3.2.1 RIGHTS OF ACCUSED+ INNOCENT UNTIL PROVEN GUILT"

!ne of the basic tenets of our legal s+stem is the benefit of the presumption of innocence of

the accuse* till he is foun* guilt+ at the en* of a trial on legal e)i*ence( The presumption of

innocence has been accepte* as a central safeguar* against the e@ercise of arbitrar+ poer b+

public authorities( In In*ia, a s+stem of a*)ersarial form of a*ju*ication is folloe* hich is

also knon as accusatorial s+stem in case of criminal proce*ure an* the un*erl+ing principle

of this s+stem is Bpresumption of innocent until-pro)e*-guilt+C(

3.2.2 RIGHTS OF ARRESTED PERSON

The 200 Act has brought a consi*erable change in las relating to arrest( The original

section 1 of the #r((# ga)e poer to the police to arrest an+ person ithout arrant ho

has been suspecte* of ha)ing committe* an+ cogniable offence or against hom a

reasonable complaint has been ma*e( The 200 Act has inserte* ne sections 1A, 18, 1#

an* 1.(

8roa*l+ speaking, the rights of an arreste* person can be liste* as the folloing/

(2(1 $ight to be presente* before the magistrate ithin 2 hours of arrest 9'( 56, 57, #r((#:

(2(2 $ight to kno the groun*s of arrest 9'(5091:, #r((#:

(2( $ight to inform a frien*Jfamil+ of arrest 9'(50-A, #r((#(:

(2( $ight to ha)e a la+er present at the time of interrogation 9'( 1-., #r((#:

(2(5 $ight to be release* on bail in case of non-bailable offence 9'( 5092:, #r((#:

(2(6 $ight to be me*icall+ e@amine*( 9'( 5, 5, 5-A, 16-A, 55-A:

3.2.3 DUT" OF THE MAGISTRATE -HEN THE ACCUSED IS PRODUCED

hen the arreste* person is pro*uce* before the %agistrate, he has a *ut+ to en?uire ith the

accuse* as to hen he as arreste* an* the treatment mete* out to him inclu*ing subjecting

him to thir* *egree metho*s, an* about the injuries if an+ on his bo*+(

1( #onfession b+ Accuse*

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#onfession statements b+ accuse* to the police are absolutel+ e@clu*e* un*er section 25,

e)i*ence Act(


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9c: $ight to present e)i*ence/ Accor*ing to section 291: of #r#, the accuse* has the right

to present his e)i*ence an* *efen* his case( The magistrate is *ut+ boun* to recor* ritten

statements put b+ the accuse*(

9*: $ight to be present hen e)i*ence is taken/ 'ection 27 of #r# makes it obligator+ on

the part of the %agistrate to ensure that all e)i*ence taken in the course of the other

procee*ing shall be taken in the presence of the accuse* or, hen his personal atten*ance is*ispense* ith, in the presence of his plea*er(

9e: $ight to be *efen*e*/ 'ection 0 of #r# an* Article 2291: of the #onstitution of In*ia

pro)i*es a right to all the accuse* persons, to be *efen*e* b+ a plea*er of his choice(

9f: Legal ai* at 'tate e@pense in certain cases/ This is not a right a)ailable to all the accuse*

but to certain categor+ of accuse* as a pri)ilege( 'o here, in a trial before the #ourt of

'ession, the accuse* is not represente* b+ a plea*er, an* the court belie)es that he *oes not

ha)e sufficient means to engage a plea*er, it shall assign a plea*er for his *efence at the

e@pense of the 'tate, un*er section 0 of #r#(

9g: $ight to cross-e@amination itnesses/ The accuse* in or*er to test the )eracit+ of the

testimon+ of a prosecution itness has the right to cross-e@amine him( 'ection 1 of In*ian

&)i*ence Act, 172 gi)es accuse* has a right to confront onl+ itnesses(

'ection 11 of #r# gi)es the accuse* 9an* the prosecution: full right to cross e@amine a

itness calle* b+ the #ourt(

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the accuse* has no right to select or *etermine b+ hich other court the case is to be trie*(

The #onstitution pro)i*es an accuse* the right to a spee*+ trial( Although this right is not

e@plicitl+ state* in the constitution, it has been interprete* b+ the 3onble 'upreme #ourt of

In*ia in the ju*gment of 3ussainara4hatoon( This ju*gment man*ates that an in)estigation in

trial shoul* be hel* Eas e@pe*itiousl+ as possibleE(

In all summons trials 9cases here the ma@imum punishment is to +ears imprisonment:once the accuse* has been arreste*, the in)estigation for the trial must be complete* ithin

si@ months or stoppe* on an or*er of the %agistrate, unless the %agistrate recei)es an*

accepts, ith his reasons in riting, that there is cause to e@ten* the in)estigation(

!. ROLE OF JUDICIAR"

The role of ju*iciar+ is significant in the present topic in *eci*ing upon the rights of the

Accuse*( There ha)e been lan*mark cases here the ju*iciar+ through ju*icial acti)ism an*

ju*jements in )arious cases ha)e lai* upon the rights that a person accuse* of crime has

before the la( This is of importance becase the cre*ibilit+ of ju*icial process ultimatel+

*epen*s on the manner of *oing a*ministration of justice( ;u*iciar+ can promote social

justice through its ju*gments an* or*ers( 3ence the ;u*icial La making an* the Lan*mark

cases ha)e been *iscusse* un*er the present chapter(

In the lea*ing case of i/0or Sig0 Rvi4r Dv v. S55 o6 R7/50, it as sai* that

the las of In*ia i(e( #onstitutional, &)i*entiar+ an* proce*ural ha)e ma*e elaborate

pro)isions for safeguar*ing the rights of accuse* ith the )ie to protect his 9accuse*:

*ignit+ as a human being an* gi)ing him benefits of a just, fair an* impartial trail( 3oe)er

in another lea*ing case of %eneka =an*hi 9'mt(: )( nion of In*ia it as interprete* that the

proce*ure a*opte* b+ the state must, therefore, be just, fair an* reasonable

!.1 LANDMAR CASES

H8//ir05oo C/+

In 3ussainara4hatoon )( 'tate of 8ihar, the 'upreme #ourt consi*ere* the problem in all its

seriousness an* *eclare* that spee*+ trial is the essential ingre*ient of Hreasonable, fair an*

just> proce*ure guarantee* b+ the Article 21 an* it is the #onstitutional obligation of the 'tate

to *e)ise such a proce*ure as oul* ensure spee*+ trial to the accuse*( The #ourt obser)e*/

BThe 'tate cannot a)oi* its #onstitutional obligation to pro)i*e spee*+ trail to the accuse* b+

plea*ing financial or a*ministrati)e inabilit+( The 'tate is un*er the #onstitutional man*ateto ensure spee*+ trial an* hate)er is necessar+ for this purpose has to be *one b+ the 'tate(

It is also the #onstitutional obligation of this #ourt, as the guar*ian of the fun*amental rights

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of the people, as a sentinel on the ?ui )ie, to enforce the fun*amental right of the accuse* to

spee*+ trial b+ issuing necessar+ *irections to the 'tate hich ma+ inclu*e taking positi)e

action, such as augmenting an* strengthening the in)estigati)e machiner+, setting up ne

courts, buil*ing ne court- houses, pro)i*ing more staff an* e?uipment to the courts,

appointment of a**itional ju*ges an* other measures calculate* to ensure spee*+ trial(

S8i9 B5r C/+In 'unil 8atra )( .elhi A*ministration 9I: the practice of keeping un*ertrials ith con)icts in

jail as regar*e* b+ the 'upreme #ourt as inhuman( The #ourt hel* that it offen*e* the test

of reasonableness in Article 1 an* fairness in Article 21(

The punishment of solitar+ confinement like 'hobraj case as regar*e* as )iolati)e of Article

21 of the #onstitution b+ stating that libert+ to mo)e, mi@, mingle, talk, 'hare #ompan+ ith

co-prisoners, if substantiall+ curtaile* b+ keeping a prisoner in solitar+ confinement, oul*

be )iolati)e of Article 21, unless the curtailment has the backing of la( The #ourt also hel*

that bar-fetters make a serious inroa* on the limite* personal libert+ hich a prisoner is left

ith an* therefore before such erosion can be justifie* it must ha)e the authorit+ of la(

D.. B/8 :/+

The 3onble 'upreme #ourt in .(4( 8asu )( 'tate of est 8engal, lai* *on the gui*elines

on arrest of persons(

!.2 INDIAN S"STEM+ INCLINED TO-ARDS ACCUSED

It is often argue* that the In*ian s+stem of justice is incline* toar*s the accuse* as it is

similar to the $eformati)e Theor+ of unishment( In In*ia, the main aim of the legal s+stem

is not to remo)e the criminals, but to remo)e the crime( 'e)ere penalt+ is something hich

comes into picture un*er rarest of the rare cases( In a**ition to this, *ue to a colossal number

of cases in the )arious courts o)er the countr+, the cases keep lingering on an* on for a lot of

time(

The inclination of the In*ian legal s+stem toar*s the accuse* can be rightl+ pro)e* b+

ha)ing a look on the statistics of the con)iction rate( Accor*ing to the


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$. COMPARATIVE STUD"

$.1 RIGHTS OF THE ACCUSED IN USA+

nite* 'tates criminal proce*ure *eri)es from se)eral sources of la/ the baseline

protections of the nite* 'tates #onstitution,fe*eral an* state statutes, fe*eral an* state

rules of criminal proce*ure 9such as the "e*eral $ules of #riminal roce*ure:, an* state an*

fe*eral case la either interpreting the foregoing or *eri)ing from inherent ju*icial

super)isor+ authorit+1(

In all criminal prosecutions, the accuse* shall enjo+ the right to a spee*+ an* public trial, b+

an impartial jur+ of the 'tate an* *istrict herein the crime shall ha)e been committe*,

hich *istrict shall ha)e been pre)iousl+ ascertaine* b+ la, an* to be informe* of thenature an* cause of the accusation to be confronte* ith the itnesses against him to ha)e

compulsor+ process for obtaining itnesses in his fa)or, an* to ha)e the Assistance of

#ounsel for his *efense(

Rig05/ o6 50 A::8/4 ;A crime )ictim has the folloing rights/

1( The right to be reasonabl+ protecte* from the accuse*(

2( The right to reasonable, accurate, an* timel+ notice of an+ public court procee*ing, or

an+ parole procee*ing, in)ol)ing the crime or of an+ release or escape of the accuse*(

( The right not to be e@clu*e* from an+ such public court procee*ing, unless the court,

after recei)ing clear an* con)incing e)i*ence, *etermines that testimon+ b+ the )ictim

oul* be materiall+ altere* if the )ictim hear* other testimon+ at that procee*ing(

( The right to be reasonabl+ hear* at an+ public procee*ing in the *istrict court in)ol)ing

release, plea, sentencing, or an+ parole procee*ing(

5( The reasonable right to confer ith the attorne+ for the =o)ernment in the case(

6( The right to full an* timel+ restitution as pro)i*e* in la(

7( The right to procee*ings free from unreasonable *ela+(

( The right to be treate* ith fairness an* ith respect for the )ictim>s *ignit+ an* pri)ac+(

( The right to be informe* in a timel+ manner of an+ plea bargain or *eferre* prosecutionagreement(

10( The right to be informe* of the rights un*er this section an* the ser)ices *escribe* in

section 509c: of the Mictims> $ights an* $estitution Act of 10 92 ('(#( 106079c::

an* pro)i*e* contact information for the !ffice of the Mictims> $ights !mbu*sman of

the .epartment of ;ustice(

1'ource/ 8oun*less( BThe $ights of the Accuse*(C 8oun*less olitical 'cience( 8oun*less, 21 ;ul( 2015( $etrie)e* 22


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$.2 RIGHTS OF ACCUSED IN U+

hether +ou ha)e been the )ictim of a crime or +ou are the accuse*, criminal la in the 4

affor*s +ou specific rights( hen those rights are uphel*, justice is insure* to the best

possible *egree( hen those rights are )iolate*, more )ictims are create* as a result( It is

important for +ou to kno +our on rights regar*less of hich si*e of the la +ou are on(

"or the accuse*, proper legal a*)ice an* representation is usuall+ a necessit+( hile its true*efen*ants are sometimes alloe* to *efen* themsel)es, courts t+picall+ fron on this

option( In some cases, a court ill not e)en allo the legal process to go forar* until the

accuse* has a ?ualifie* la+er(

Rig05/ o6 50 A::8/4+

Accor*ing to the =!M(4ebsite, crime )ictims in the 4 ha)e certain rights( "irst

among them is the right to contact police an* be kept informe* *uring the entire course of

an in)estigation(

Abo)e an* be+on* these rights, crime )ictims ha)e others as ell/

1( In)estigation p*ates N .uring the course of an in)estigation, )ictims ha)e the right to

kno hen someone is arreste* an* charge* ith the crime( olice shoul* automaticall+

keep +ou up*ate* ithout +ou ha)ing to ask, but sometimes )ictims ha)e to ask for

information(

2( 1ri)ac+ N The right to pri)ac+ is a fun*amental right affor*e* to crime )ictims for

ob)ious reasons( hen police speak to the me*ia, the+ are re?uire* to ask permission of

)ictims in some circumstances( In cases of rape or se@ual assault, the me*ia is not

alloe* to print the names, pictures, or an+ other i*entif+ing information about )ictims(

( $ights of the Accuse*

( In*i)i*uals being in)estigate*, charge* ith, or prosecute* for crimes also ha)e certain

rights affor*e* to them( hile some think these rights are unfair, the+ are an important

part of the legal s+stem that cannot be ignore*( There ha)e been numerous cases o)er

the +ears here criminals ha)e gone free or a)oi*e* stiff penalties because their rights

ere )iolate*(

$. If +ou ha)e been arreste* the police ill be able to ?uestion +ou for in)estigati)e

purposes or charge +ou ith a crime( rior to charges, +ou ha)e the right to obtain legal

counsel, inform someone about here +ou are, get access to me*ical care if necessar+,

an* obtain a ritten *ocument of +our rights from the police( The police are also

re?uire* to e@plain these rights to +ou at the time of +our arrest(

!nce +ou ha)e been formall+ charge*, the authorities are re?uire* to gi)e +ou a Bcharge

sheetC hich ill list charges against +ou along ith brief *escriptions( In some cases, +ou

ill be able to post bail so +ou can be release* until +our first hearing( In other cases, thepolice ma+ *etermine a necessit+ to hol* +ou in a facilit+ until +our hearing(

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https://www.gov.uk/your-rights-after-crimehttps://www.gov.uk/your-rights-after-crime


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#. CONCLUSION AND SUGGESTIONS

The present #o*e contains rules hose aim is that no innocent person is con)icte* an* that

perpetrator of criminal offences are sanctione* in accor*ance ith re?uirements pro)i*e* b+

the #riminal #o*e an* base* on the lafull+ con*ucte* procee*ings( rior to ren*ering a

final ju*gment or ruling on punishment, the rights of the accuse* person an* his free*om ma+

be limite* onl+ un*er con*itions stipulate* b+ this #o*e(

The #hapter 1 8asic rinciples of the =eneral ro)isions art 1 of the #o*e of #riminal

roce*ure #o*e, the article *eals ith the entitlement of an accuse* person or suspects(

1( To be informe* about the offence ith hich he is charge*, as soon as possible an* no

later than at the first interrogation, in *etail an* in a language he un*erstan*s, about the

nature an* groun*s for the accusation an* the e)i*ence collecte* against him

2( To *efen* him, alone or ith the professional assistance of a *efense counsel of his on

choosing from list of la+ers(

( To be brought before the court as soon as possible an* trie* in an impartial an* fair

manner an* ithin a reasonable perio* of time(

( To be pro)i*e* enough time an* facilities to prepare his *efense

5( To *eclare himself on all the facts an* e)i*ence against him an* to present facts an*

e)i*ence in his fa)or, either alone or through his counsel, to ?uestion prosecutionitnesses an* re?uest that *efense itnesses are ?uestione* un*er the same con*itions

as the prosecution itnesses, in his presence(

6( To be pro)i*e* ith a translator an* interpreter if he *oes not un*erstan* an* speak the

language use* in the procee*ings(

'uggestions of the %alimath committee

The bulk of the %alimath #ommittee recommen*ations re)ol)e aroun* the i*ea that

hittling *on the rights of the accuse* an* increasing the rate of con)ictions ill help

tackle crime(

E&)er+thing has been sai* alrea*+, but as no one listens, e must ala+s begin again(E

The #ommittee, hea*e* b+ ;ustice M('( %alimath, former #hief ;ustice of the 4arnataka an*

4erala 3igh #ourts, ha* the task of e@amining the fun*amental principles of criminal la so

as to restore confi*ence in the criminal justice s+stem( This in)ol)e* re)ieing the #o*e of

#riminal roce*ure 9#r#:, 17, the In*ian &)i*ence Act, 172, an* the In*ian enal #o*e

9I#:, 160(

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!ne of the first responses to the $eport as a conference in .elhi hel* jointl+ b+ the

International #ommission of ;urists an* the 3uman $ights La


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BIBLIOGRAPH"

BOOS REFERRED

1( A(

crpc final report

Documents