Hello friends, in this article what is fair trial under Civil Procedure Code and why fair trial is called the soul of criminal jurisprudence And what are its requirements, an attempt has been made to explain in simple words –
What is Fair Trial
Fair trial has an important place in the administration of justice. Trial means fair or just trial. For true and real justice, it is necessary to have a fair trial.
Articles 14, 20 and 21 of our Constitution also indicate that the trial should be fair. Fair trial plays an important role in justice administration, hence it is also an important requirement of justice administration. Fair trial means proper and speedy trial of cases, and such trial should be free, fair and just.
In a fair trial, the parties expect that the court should dispose of their case quickly and independently. The court should not be inclined towards any one party nor should it be liberal towards any particular party.
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In the case of Commissioner of Police Delhi vs Registrar Delhi, it has been said that – Fair and speedy trial of cases is an important requirement of justice administration. (A.I.R. 1997 S.C. 95)
In the case of Nahar Singh Yadav vs Union of India, this opinion has been expressed that – due to criminal trial, a person is not only deprived of personal liberty but is also deprived of life. Therefore, the trial should be free, fair and just. (A.I.R. 2011 S.C. 1549)
Essential Elements of fair trial –
Many times this question arises before us that what is fair trial or what can be called fair trial. For this reason, there are the following requirements for fair trial from legal and constitutional point of view –
(i) Speedy trial –
Excessive and unnecessary delay in trial renders justice meaningless, that is, trial should be speedy. Speedy trial has also been described as a fundamental right of the individual by the court in many of its decisions.
In the case of Vakil Prasad Singh vs. State of Bihar, speedy trial has been considered a fundamental right of a person under Article 21 of the Constitution. (A.I.R. 2009 S.C. 1822)
Similarly, in the case of Santosh Dey vs. Archana Guha, it has been said that – Excessive and unnecessary trial in the trial is a violation of life and personal liberty under Article 21 of the Constitution. (A.I.R. 1994 S.C. 1229)
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(ii) To be given an opportunity of being heard –
The second main element of a fair trial is to provide both the parties with a fair opportunity of being heard. This is the principle of natural justice which is protected under Article 14 of the Constitution. fair trial, it is necessary that both the parties be provided adequate opportunity of being heard. This is called the principle of listen to the other side also (Audi alterum partem).
In the case of Haji Abdul Shakur & Company vs Union of India, it has been said that – An order passed without giving proper opportunity of being heard to any party is liable to be set aside. (A.I.R. 2002 SC 2423)
In the case of Divine Retreat Center vs. State of Kerala, it has also been said that – no order affecting any person should be passed without giving him an opportunity of being heard. (A.I.R. 2008 S.C. 1614)
(iii) The trial should be fair –
It is necessary for a fair trial to be – 1. Independent, 2. Impartial, and 3. Unbiased, this is necessary for the transparency of justice. The Supreme Court has given its decision that no person can become a judge in his own case.
A judge is expected to –
(a) will not be inclined towards any one party,
(b) hear any case in which he is himself a party or in which his interest is involved.
This is also called the principle of fairness. This principle applies equally to administrative and quasi-judicial proceedings. The main objective of both the above mentioned principles of natural justice is to prevent injustice i.e. to prevent injustice.
In this regard, the case of Manohar Manikrao Anchule vs. State of Maharashtra is notable, in which it has been determined that the principles of natural justice apply to administrative matters also. (A.I.R. 2013 S.C. 681)
Thus, fair trial is also called the soul of criminal jurisprudence. In this regard, the case of Ratiram vs. State of Madhya Pradesh is important, in which it is said that – trial is the soul of criminal jurisprudence.” (Fair trial is heart of criminal
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Righteous Trial and Article of the Constitution –
The following important provisions have been made in Article 20 of the Indian Constitution regarding trial and conviction –
(i) No person shall be prosecuted or convicted for any act which, at the time it was committed, was not an offense punishable under any law. This is called protection from post facto methods.
(ii) No person can be prosecuted and punished for the same offense more than once. This is called the principle of double jeopardy.
In the case of State of Jharkhand vs. Lalu Prasad Yadav, it has been said that the main objective of this principle is to protect the person from troubles arising from subsequent proceedings. (A.I.R. 2017 S.C. 3389)
(iii) No person can be forced to give evidence against himself. This is called the principle of protection from self-aggrandizement.
Smt. Nandini Satpathy vs. P.L. Dani [(1978)2 SCC 424] This has been confirmed. Thus, this is an important principle of trial and this principle applies to all types of proceedings – civil, criminal and administrative.
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Reference – Book Civil Procedure Code Fourth Edition (Dr. Radha Raman Gupta)
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