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Critical Analysis Of The Right To A Fair Trial




Anjali Kaushik & Abhishek Gupta, Amity University

ABSTRACT

Fair trials are guaranteed by Article 21 of our Constitution and are based on the presumption of innocence. Currently, it is widely believed that it is a human value that those accused of any crime should not be punished until a fair trial has been conducted and they have been convicted. The phrase "fair trial" cannot be defined in absolute terms like other ideas involving fairness or reasonableness. Everyone is treated equally by the law, and the constitution of India has several articles promote the principle. Exclusively mentioned under Article 14 of the Indian Constitution is the right to equality. Trials are a critical element of every procedure. Fair trials are a core part of the legislation that guarantees equality. In addition to the idea of a fair trial protected by law in our nation, it is also guaranteed by many other international treaties and laws. A fair trial is included under the European Human Rights Convention's Article 6. This Article provides that everyone has a right to a fair and public hearing within a reasonable time. To conduct the trial, a tribunal that is impartial and independent must be established.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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