Rights of Accused Persons As Indian constitution is wedded to | Judiciary UP

Rights of Accused Persons

As Indian constitution is wedded to Democracy and Rule of Law, the concept of free and fair trial is a constitutional commitment for which the cardinal principle of Criminal Law revolves around the Natural Justice wherein, even the accused or guilty person is treated with a human treatment.

The accused persons are also granted certain rights, the most basic of which are found in the Indian Constitution.

Under Constitutional Law :

Our constitution is based on fundamental that ' Let Hundreds Go Unpunished, But Never Punish An Innocent Person' Right to get a fair representation in a criminal procedure is a facet of Right to Equality (Article 14). Article 20 says that
"no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.


Also by the judicial voice, a wider ambit has been given to right to life and liberty and thus accused are given a human treatment in jails fulfilling reformative approach (Article 21).

Article 22 talks that No person shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by, legal practitioner of his choice. The exception to the right is that it is not to be applied on alien.

Thereby, these rights under constitution are inherent rights and cannot be altered or changed.

Next we will discuss under Criminal Law.

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