PRINCIPLES OF FAIR TRIAL IMPORTANT 1.

. Adversary system Any dispute as to criminal responsibility of a person is to be resolved by criminal court after giving fair and adequate opportunity to the disputants to place their respective cases before the court. Code requires criminal courts to play a more active role than a referee. E.g. a) charge against accused to be framed by court not prosecution; b) prosecutor cannot withdraw case w/o consent of court. 2. Independent, impartial and competent judges Provisions in Code: i. Separation of judiciary from executive

Appointment of judicial magistrate, separate from executive magistrate. No executive influence. Specially criminal state is prosecution hence direct and indirect executive control to be kept out. ii. Courts to be open Public trial Impartial, objective Check judicial caprice Judges not to be personally interested in case No judge shall try case in which he is a party or personally interested No judge shall hear appeal on judgment/order s/he made himself Transfer of cases to secure impartial trial (ss. 406, 407, 408)

iii.

iv.

If HC thinks fair inquiry wont be held by a subordinate court, it may order that the case be tried by another competent court, or by a court higher than the subordinate court in question. E.g. Zaheera Sheikh v. State of Gujarat transferred by SC to state of Maharashtra. If magistrate takes cognizance of a case (s. 190(1)) accused must be told of option to have case tried by another magistrate. v. Competent judges made available through hierarchy

Cases of heinous offences attracting severe punishment to be handled by senior judges, petty offences more expedient if handled by subordinate judiciary.

Juvenile delinquents (Sangwan knows a lot about this Act, so put juvenile point wherever you can) should be handled by sensitive and experienced judges. So s. 27 says they be tried by CJM in absence of special courts. vi. Qualification of judges and magistrates

Efforts to be made by State govt and HC to appoint competent and qualified persons. Although Code doesnt make any provision except for special magistrates (ss. 13, 18) 3. Parties to be represented by competent lawyers 4. Venue of trial Provisions in ss. 179-189. If trial place is inconvenient to accused trial will not be fair. Place can be changed. 5. Presumption of innocence and burden of proof Adversary system is based on accusatorial method. Presumption of innocence in favour of the accused. Burden of proof on prosecution; to prove beyond reasonable doubt. 6. Rights of accused To know accusation To be tried in his/her presence Evidence taken in presence of accused To cross-examine prosecution witnesses Produce evidence in self defence Doctrine of autrefois acquit and autrefois convict basically double jeopardy 7. Expeditious trial Reasons for adjournment to be recorded by court u/s 309(1). Not fair if trial keeps going on unreasonably. Speedy trial is an essential element if fair trial. 8. All pervasive concept of fair trial All provisions of Code attuned to this goal of fair trial.