What is a Fair Trail

Understanding Our Criminal Justice System of Class 8

What is a Fair Trail?

For a trial to be fair, several different procedures have to be observed. Article 21 of the Constitution guarantees the Right to Life and states that a person's life or liberty can be taken away only by following a reasonable and just legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld.

Firstly, the accused has to be given a copy of the charge sheet and all other evidence that the prosecution presented against her. The trial has to be held in an open court, in public view. Relatives and the well­ wishers can attend the court hearings. The trial has to be held in the presence of the accused. The accused has to be defended by a lawyer. The lawyer of the accused is given the opportunity to cross-examine all the prosecution witnesses. An advocate of the accused is given an opportunity to present witnesses for defense.

The judge assumes the accused to be innocent. It is the responsibility of the prosecution to prove beyond reasonable doubt that the accused is guilty. The judge decides the matter only on the basis of the evidence before the court. The judge remains impartial and if the evidence does 't prove to be against the accused, the judge sets the accused free.

The Constitution and the law both state that all persons should carry out their roles in a proper manner. They all need to work to ensure that every citizen, irrespective of their class, caste, gender, the religious and ideological background gets a fair trial when accused. The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

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