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Transcript of 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(
9h:
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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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#. 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(