The basic foundation of any democratic society lies upon its judicial system, that maintains the principles of equity, fairness, impartiality and justice, and treats every person equally without any discrimination under the law. The Indian Constitution provides various Rights and Remedies that safeguard the interests, dignities and liberties of the accused person. The concept of protection under the Indian judiciary system is based on the principle of 'presumption of innocence', that implies, a person is considered innocent until proven guilty. Therefore, every person accused of any crime, regardless of the severity and nature of the crime, is entitled to certain rights at various stages of the investigation, trial and imprisonment periods, as provided by the Constitution of India and other statutory provisions.
Rights of the Accused in India:
1. Right to remain silent: The accused person has the right to remain silent during the investigation and trial period. The Constitution of India provides the right against self-incrimination under Article 20 (3), which states that no person accused of any offence shall be compelled to be a witness against himself. This means, that the accused person cannot be forced to confess to any wrongdoing, and he/she has the right to remain silent in front of any investigative authorities or court of law, without being punished or prejudiced against for doing so.
2. Right to legal representation: The accused person has the right to defend himself/herself by choosing a counsel of his/her choice, and are free to engage or change the counsel at any stage of the trial. This right is guaranteed by the Constitution under Article 22 (1), which provides that every person has the right to be defended by a legal practitioner of his/her choice. Moreover, if the accused person cannot afford a counsel, the Constitution guarantees legal aid and assistance under Article 39A and the Legal Services Authorities Act, which provides free legal aid to the indigent and deprived sections of society.
3. Right to fair trial: The accused person has the right to a fair and impartial trial conducted by a competent court of law, with the assistance of a legal expert. This right is guaranteed under Article 21 of the Constitution of India, which provides that no person shall be deprived of their life or personal liberty without fair and just procedure established by law. The right to fair trial includes the right to cross-examination, right to produce evidence in favor of the accused person, and the right to be informed of the charges against the accused person.
4. Right against double jeopardy: The accused person cannot be prosecuted or punished twice for the same offence. This right is guaranteed under Article 20(2) of the Constitution, which provides that no person shall be prosecuted and punished for the same offence twice. This right prevents the investigation authorities from arbitrarily punishing the accused person again, who has been acquitted or convicted of the same offence in the past.
5. Right to presumption of innocence: This right is based on the principle of 'innocent until proven guilty'. This means that the prosecution must prove beyond reasonable doubt that the accused person has committed the offence, and the accused person is considered innocent until proven guilty. This right is guaranteed under Article 21 of the Constitution, which provides that no person shall be deprived of their life or personal liberty except in accordance with procedure established by law.
6. Right to a speedy trial: The accused person has the right to a speedy trial, which means that the trial proceedings must be completed within a reasonable time frame to prevent any undue delay or harassment to the accused person. This right is guaranteed under Article 21 of the Constitution and Section 309 of the CrPC, which provides that every person has the right to a speedy trial.
7. Right to bail: The accused person has the right to bail, which means that the accused person can be released on bail during the pendency of the trial, provided the accused person gives security and complies with such terms and conditions as the court may impose. This right is guaranteed under Section 436 of the CrPC and Article 21 of the Constitution, which provides that every person has the right to personal liberty and that no person shall be deprived of their personal liberty except according to the procedure established by law.
8. Right to appeal: The accused person has the right to appeal against the verdict of the trial court, if they find the judgment unjust or biased. This right is guaranteed under Section 372 of the CrPC and Article 21 of the Constitution, which provides that every person has the right to personal liberty and that no person shall be deprived of their personal liberty except according to the procedure established by law.
9. Right to be heard: The accused person has the right to be heard during the trial proceedings, cross-examine witnesses and produce evidence in their defense. This right is fundamental to the principles of natural justice and due process of law, and is guaranteed under Section 273 of the CrPC and Article 21 of the Constitution.
10. Right to medical assistance: The accused person has the right to receive necessary medical assistance and treatment during their custody or imprisonment period. This right is guaranteed under Article 21 of the Constitution, which provides that every person has the right to personal liberty and that no person shall be deprived of their personal liberty except according to the procedure established by law.
11. Right to humane treatment and protection against custodial violence: The accused person has the right to be treated with dignity and respect during their custody or imprisonment period, and are protected against any form of custodial violence, brutality, or maltreatment. This right is guaranteed under Article 21 of the Constitution, which provides that every person has the right to personal liberty and dignity.
12. Right to fair and just punishment: The accused person has the right to fair and just punishment, which means that the punishment awarded must be proportionate to the nature and seriousness of the offence committed. This right is guaranteed under Article 14 of the Constitution, which provides that every person is equal before the law and is entitled to equal protection of the law.
Conclusion:
Therefore, the Indian judiciary system provides a wide range of rights and remedies that safeguard the interests, dignities and liberties of the accused persons. These rights ensure that the accused persons are provided with a fair and impartial trial, where they have a right to defend themselves and contest the charges leveled against them. The Indian Constitution provides for the presumption of innocence of every accused person, and the investigation authorities and courts must follow the due process of law in every proceeding. These constitutional and statutory provisions are essential to maintain the rule of law, uphold the principles of natural justice and fair trial, and protect the fundamental rights and freedoms of every citizen of India.
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