Adv. Sanjay Sarraf, Chhatrapati Shivaji Maharaj University, Mumbai
ABSTRACT
This article embarks on a comprehensive exploration of the rights of the accused in Indian law, providing an in-depth analysis of the constitutional and legislative provisions that safeguard these rights. Acknowledging the crucial role of committees such as the Malimath Committee and the Justice Verma Committee in shaping the landscape of the accused's rights, the paper delves into their key recommendations and impacts. Through a review of significant High Court and Supreme Court judgments, we illuminate the judicial interpretation and precedent-setting decisions that have further defined these rights. The article evaluates the current status of the rights of the accused in India, highlighting recent developments and identifying persistent challenges. It concludes by offering expert recommendations to enhance the protection of these rights, aspiring to contribute to the discourse on improving the Indian criminal justice system's fairness and effectiveness.
This article extensively refers to the original content published by government authorities and relies on authentic sources to present a comprehensive understanding of the rights of the accused in India. The primary sources include official publications from government agencies such as the Bureau of Police Research and Development, the National Human Rights Commission, the National Legal Services Authority, and the Law Commission of India. Additionally, the Constitution of India, the Code of Criminal Procedure, and the Indian Evidence Act have been cited from the official websites of relevant government departments. The inclusion of landmark judgments from Indian courts, sourced from reliable legal databases and academic journals, further enhances the credibility and accuracy of the information provided. By relying on these authoritative sources, this article aims to offer readers a reliable and well-researched overview of the rights of the accused in the Indian legal system.
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