Fair Trial
Fair Trial
A trial primarily aimed at ascertaining truth has to be fair to all concerned which
includes the accused, the victims and society at large. Each person has a right to be dealt
with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as it
is to the victim and society. An accused has a right to fair trial. Under our Constitution
as also the international treaties and conventions, the right to get a fair trial is a basic
fundamental/human right . He has a right to defend himself as a part of his human as
also fundamental right as enshrined under Article 21 of the Constitution of India. The
right to defend oneself and for that purpose to adduce evidence is recognized by the
Parliament in terms of sub-section (2) of Section 243 of the Code of Criminal
Procedure,1973. “Fair trial” includes fair and proper opportunities allowed by law to
prove her innocence. Adducing evidence in support of the defence is a valuable right. In
a criminal case, denial of that right means denial of fair trial. This issue now stands
concluded by decision of Ho’nble Apex Court in Kalyani Baskar (Mrs.) v. M.S.
Sampoornam (Mrs.) [(2007) 2 SCC 258].