Code of Criminal Procedure Criminal Law LAW EXPLAINED
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It is a norm of international human rights basically which is adopted by many countries as follows- U.S.A, Canada, U.K in its procedural laws and India adopted by the help of Constitution of India and also with the help of Criminal Procedure Code (CRPC) 1973. Articles 14 and 21 of the Indian constitution which explains as article 14 provides the right to equality or equal protection of laws within the territory of India. Article 21 explains as it provides that every person shall not be deprived of their life and personal liberty.


It is the trial which every people when they are getting in the trials. Every people even if he is an offender then also the right of a fair trial is present. Whenever a suit is filed in the court of law the parties involved in the suit always want that they face a fair trial and equal opportunity to be given even if they are on the weaker side. This trial based on the ideology that the state and its agencies have to present offenders in front of the law. In this, the court of law recognizes that the 1st object of the criminal codes is to provide fair trial because human lives are precious and hold some values so the offender cannot be held guilty until proven guilty beyond the reasonable doubt.

CASE- Zahira Habibulla sheikh and others vs the State of Gujrat- [1]

In this case, the Supreme Court of India observed that everyone has them inhibit the right to be treated fairly. Whenever there is a denial of fair of the trial is the amount to be injustice, basically needs to be done under an impartial judge.

Fair trial is a fundamental safeguard to ensure that the individual and protected from unlawful arbitrary trials.


1) Adversary trial system

In this principle, it is the responsibility of the prosecution to produce evidence in the court of law and the judges act as neutral in the trial. In this principle, it is to assume that the state on one part investigates through its agencies and on the second part it prosecutes the wrongdoer.

Supreme Court observed that the criminal court to work effectively it is important for the court of law to stop spectating and being a recording machine and should start participating and be an active authority in the trial.

2) Presumption of Innocence

In this principle, it is to be presumed that the offender is called to be an innocent and the burden to prove that the offender is guilty of the offence evidence must be shown before the court of law by the prosecution. The rule of innocent until proven guilty is applied.

Incumbent probatio qui dicit, non qui negat- This Latin maxim means the burden of proof rests on the shoulder of who asserts it and not on the shoulders who denies it.

CASE- State of Uttar Pradesh v Naresh and ors– [2]

In this case, the supreme court of India observed that the offender is innocent until proven guilty beyond the reasonable doubt.

3) Independent, Impartial and Competent Judges

Independent Judges those individuals who are not under any other person’s influence and are free from coercion and can adjudge the matter without any difficulty. Impartial judges are those judges who do not favour any party and act as a neutral referee in the case. Competent judges are those who are competent in their skills to judge any matter which comes under their boundary.

In this state is the prosecuting party and the police are their agency to investigate. It is important that the judiciary is unchained because whenever a case is filed the parties look up to the powerful judiciary.

4) Autrefois Acquit and Autrefois Convict

In this principle, if a person has been tried for the offence for which he got convicted or get acquit, then according to this principle he cannot be tried again for the same offence. This doctrine incorporated in Article- 20(2) of the Indian constitution and also in section 300 of the CRIMINAL PROCEDURE CODE, 1973.


Case in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation- A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any.

Example- Person “A” and Person “B”  are two parties involved in a case and the judge or magistrate found out to be a relative of person “A” and on the other hand that judge or magistrate is personally interested in that case because of the relation with person “A” he has. In that case, particular judge or magistrate is not to be compatible because he can be partial in that matter, for that purpose he should not be allowed to judge this matter.


In this article, we have gone through all the corners of the fair trial and its principles and it is very clear that the judiciary is very important in the field of law and for the process of the trial these principles and the rule of a fair trial is very important without which the judiciary will not be able to produce some of the best judgements and that can lead to exploitation of the parties in the case, that’s the reason why this concept crucial.


1) Zahira Habibullah sheikh and others vs the State of Gujrat and Ors (2006) 3 SCC 374.

2) State of Uttar Pradesh vs Naresh and Ors (2001) 4 SCC 324.

This blog is written by Shivam, Vivekananda Institute of Professional Studies.

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