ARTICLE 21 AND FAIR TRIAL IN INDIAN CRIMINAL JUSTICE SYSTEM
AUTHOR – SIMRAN SRIVASTAVA* & DR. JYOTSNA SINGH**
* LLM. (CRIMINAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
BEST CITATION – SIMRAN SRIVASTAVA & DR. JYOTSNA SINGH, ARTICLE 21 AND FAIR TRIAL IN INDIAN CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 173-183, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This paper explores the profound transformation of India’s criminal justice system specifically the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) through the evolving constitutional jurisprudence of Article 21. Moving away from colonial-era statutory literalism, the post-Maneka Gandhi paradigm has reimagined criminal procedures as substantive guarantees of “fair, just, and reasonable” state action. The study analyses the constitutional necessity of mens rea as a vital safeguard against the arbitrary deprivation of liberty, critically examining its friction with strict liability doctrines, reverse burden clauses, and involuntary conduct.
Furthermore, the paper investigates the intersection of bodily offences and constitutional rights, highlighting the establishment of a right to “mental privacy” which limits involuntary neuro-scientific investigations such as narco-analysis and polygraphs. It traces the operationalization of procedural fairness across crucial domains, including capital sentencing guidelines, anti-harassment measures during police investigations, and the evolution of bail jurisprudence.
Addressing modern challenges, the research evaluates the integration of cyber offences, emphasizing the stringent procedural safeguards required for digital evidence admissibility under Section 65B and the ongoing privacy concerns surrounding device seizures and self-incrimination. Finally, the analysis highlights a significant paradigm shift toward victim-centric fairness, detailing the expansion of victim rights to include statutory compensation, the right to appeal acquittals, and active participation in bail hearings. Ultimately, this paper demonstrates how the Indian judiciary has dynamically balanced the state’s penal power with civil libertarian values, effectively rewriting the procedural DNA of Indian criminal law.
Keywords: Article 21, Mens Rea, Mental Privacy, Digital Evidence, Victim-Centric Fairness.