Emerging Trend of Human Rights A Study On Rights of An Accused by Meenakshi Jain
Emerging Trend of Human Rights A Study On Rights of An Accused by Meenakshi Jain
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Introduction:
Human Rights are those basic rights which are not created by any Legislation but have its
origin in Natural Law. Natural Right based on concept of natural justice, equality and non-
arbitrariness. International Covenants such as UN Charter, UNDHR, 1948, International
Covenant on Civil and Political Right, 1966 work for development of concept of human right.
These rights are available to all persons whether innocent or accused. Protection and
promotion of human right of individual has not only remained object of International
community but now become the concern of National states.
Principle of Legality:
Nullum sine crimen lege.
Nullum poena sine lege.
Audi alteram partem
Ex-post facto laws. Etc.
On basis of these Principles and According to Art.14 of Indian Constitution i.e. “Right to
Equality” accused person get some rights and privileges to defend their selves.
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What is Right?
“According to Salmond”: Right is an interest recognized and protected by moral or legal rules.
It is an interest violation of which would be a legal wrong. Respect for such interest would be a
legal duty.
Right to Life
It is guaranteed under Art.21 of the Constitution. It is a Fundamental right as well as Natural
right. “No one shall deprive of his life and personal liberty except according to procedure
established by law.” Babu Singh v/s State of UP AIR 1978 SCR(2) 777 Supreme Court
declares refusal to grant bail in murder case without reasonable case would amount to denial of
personal liberty. Sunil Batra’s AIR 1980 SCR (2) 557 case is landmark case on “solitary
confinement” SC held solitary confinement done by prison authority of an under-trial prisoner
without reasonable reason violates the Art.21 of Constitution.
Right to Counsel
Accused have a right to defend himself by a counsel. It is an essential feature or integral part of
Art. 21 of Constitution and Sec.303 of Cr.P.C Right to have Lawyer of his choice, that the
person should be given a reasonable opportunity of hearing and proves him self innocent. The
International Commission of Jurist met in Delhi in 959 stressing the importance of legal
representation on behalf of accused.
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under Art. 21 of Constitution. Landmark judgements of Joginder kumar vs. State of UP (1994)
4 SCC 260 and D.K.Basu vs. State of WB 1997 CrLJ 743 (SC) where Supreme Court give
guidelines relating to arrest and detention.
Presumption of Innocence
Indian legal system is adversary criminal justice system where every accused of offence shall
presumed innocent. Section 113-B and 114-A of the Indian Evidence Act, 1872 incorporate
provisions regarding presumption of culpable mental state with respect to the offence of
Dowry Death under Sec.304-B and custodial rape under Sec.376(2) of the IPC respectively.
According to Mohmd. Hussain @ Julfikar Ali vs. State (Govt. of Nct) Delhi AIR 2012 SC
3860 case presumption of innocence is human right of accused.
Right to Silence
Under Sec. 313 of Cr.P.C accused have right to remain silence. State of MP vs. Ramesh (2011)
4 SCC 786 SC declares that collective effect of reading of the provision of Art 20(B) of the
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Constitution with the Sec. 161[20,313(3), 315(b)] remains that in India law provides for the
rule against from the adverse inference of silence of the accused.
Right to Bail
Sec. 436-439 of Cr.P.C deals with bail. Bail is available in bail able and non-bail able offences.
Sec. 50(2) of the Cr.P.C mandates the Police officer making the arrest to inform the arrested
person of his right to bail. Rasiklal vs. Kishore Khanchand (2009) 4 SCC 446 SC declares
right to claim bail guaranteed by sec 436 of code is in bail able offences is an absolute and
indefeasible right. Indigent person has right to release on personal bound instead of taking bail.
Sec. 167(2) of Cr.P.C guarantee right to accused to get bail if investigation is not
completed within 90 days for an offence punishable with death or life imprisonment or
imprisonment for a term not less than ten years.
enunciated when no opportunity has been provided to accused to produce material and make
submission in regard to the sentence to be imposed on him, failure of justice is implicit and
therefore the defect of non-compliance with Sec. 235(2) of Cr.P.C is not curable by Sec. 465
of Cr.P.C.
Sec. 96-106 of IPC, 1860 deals with private defence, which could be physical or for property.
It is natural to help one self and protect self and own property which is self defence in criminal
law.
Miscellaneous
Reasonable Doubt
The prosecution must prove its case by adducing credible evidence and not by raising
suspicion as however grave the suspicion may be it can not take the place of proof. Raj Kumar
vs. State of Rajasthan 2013 CrLJ 3276 (SC) Sc expounded that prejudice to accused or failure
of justice has to be examined with the reference to these aspects.
Benefit of Doubt
Sec. 105 of IEA, 1872 burden of proof. Reasonable doubt does not mean any doubt but only
that doubt for which reasons can be given. Prosecution must prove its case beyond reasonable
doubt and the benefit is given to the accused. Rishikesh Singh vs. State AIR 1970 CrLJ 132
doubt of reasonable, astute and alert mind arrived at after due application of mind to every
relevant circumstances of the case appearing from the evidence.
Conclusion
Emerging trend of human right tends that accused get his basic human right at every stage of
fair trial. Fair trial being heart of the criminal jurisprudence and Indian legal system adopt and
coordinate with International Conventions which work for development of human rights.
There are also provisions for indigent person such as free legal aid, bail on security bond etc.
So the system is improving with emerging trends of modern and developed society.