RIGHT OF ACCUSED PERSON (AN OVERVIEW OF CRIMINAL JUSTICE IN INDIA)
AUTHOR – AKASH KONDE, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE
BEST CITATION – AKASH KONDE, RIGHT OF ACCUSED PERSON (AN OVERVIEW OF CRIMINAL JUSTICE IN INDIA), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 96-103, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The Indian Constitution embodies the principle that it is better for several guilty individuals to go free than for a single innocent person to be wrongfully punished, emphasizing the sanctity of life and liberty. The rights of the accused were primarily confined to the trial phase, particularly in the 18th century. However, as legal systems evolved, especially in the latter half of the 20th century, many nations expanded these rights to protect individuals both before and after trials. India’s legal framework, rooted in the principle of “innocent until proven guilty,” ensures comprehensive safeguards for accused individuals, primarily through the Constitution. In India today, Articles 20, 21, and 22 of the Constitution guarantee various protections, ensuring that no person is deprived of life or personal liberty without due process. The legal landscape also includes the Bharatiya Nagarik Suraksha Sanhita, which provides rights such as access to legal counsel, protection from self-incrimination, and the right to a timely and fair trial. (Short Explanation)This paper provides a thorough exploration of the constitutional and legal safeguards available to the accused in India. These protections are designed to prevent arbitrary arrest, detention, and violations of personal liberty, ensuring the right to a fair trial is preserved at every stage of the judicial process. Despite the robust legal framework, challenges remain in ensuring that these rights are consistently upheld, particularly in cases of unlawful detention, delayed trials, and procedural lapses during arrests. Upholding the constitutional rights of the accused requires continued judicial vigilance and procedural reforms to ensure that due process is adhered to, protecting the balance between personal liberty and the needs of justice. This paper advocates for stronger implementation and enforcement of judicial pronouncements, such as those in Maneka Gandhi v. Union of India (1978) and DK Basu v. State of West Bengal (1997), which have expanded the scope of protections during arrest and detention. Further clarity in legal procedures, especially regarding pre-trial and post-trial rights, is necessary to uphold the principle of justice. The aim of this paper is to analyze the constitutional and judicial protections for accused persons in India, offering insights into how these rights can be further strengthened to ensure that justice is served without compromising personal liberty.
Keywords: (Accused, Criminal Justice, Article 20, Article 21, Fair Trail, Legal Representation)