Author: Chahat Gugliya

Edited by: Sankalp Vashistha

INTRODUCTION

“Anyone can be falsely accused of a crime. Everyone accused of a crime deserves a fair trial.” – John Garamendi.

In every democratic and civilized nation that is being governed by the principle of “Rule of Law”, there exist certain rights of an accused person which preserves and fosters the constitutional values and ensures the criminal justice system to be based upon egalitarian norms. In Jurisprudence, we have come across several legal principles given by renowned scholars and the one that suits the provisions of Article 22 is;

“One is considered innocent until proven guilty”. Therefore, until or unless the crime is not being proven, we have certain rights for persons accused of crimes. In the Indian constitution, the rights of the accused are based upon the principle of – May be many go unpunished, but never punish an innocent person.

Keywords: Rule of Law, Article-22, Constitution of India, Detention, Rights of accused person.

Who is an Accused Person?

• An “accused” is a person who has been arrested for or formally charged with a crime. Our holy Indian constitution preserves certain rights for the accused/arrested person to protect them from unlawful detention. Also, the laws related to arrest are defined under various sections of the Code of Criminal Procedure,1973 which is now known as Bhartiya Nagrik Suraksha Sanhita,2023.
• The accused person is also known as the defendant or alleged offender.
• The term “accused” can be used throughout the trial until the charges are resolved.

Article – 22 of Indian Constitution & Detention:

Article 22 of the Indian Constitution grants protection to persons who are arrested or detained. The detention is of two types:

1) Preventive Detention – detention of a person without trial.

2) Punitive Detention – to punish a person for an offence committed by him after trial.

The first part deals with the cases of preventive detention law and the second one deals with the cases of ordinary law.

The rights mentioned under Article 22 of the constitution are preserved and given to all citizens, irrespective of the fact that a person is being accused of a crime.

The Rights of Accused Persons in India with Context to the Constitution of India-

• To know the grounds of arrest: No person shall be detained in custody without being informed of the grounds for such arrest. This preserves the right and freedom of the person against the arbitrary and despotic rule of the state. Every police officer arresting any person shall communicate to him full information of the offence for which he is being arrested.
• Right to consult and be defended by a legal practitioner: Every person who is accused of an offence will have the right to be defended by a pleader of his choice.
• Right to be produced before a magistrate within 24 hours: The person, who is arrested and detained in custody shall have to be produced before the magistrate within 24 hours of such arrest. The following provisions have also been mandated by the Criminal Procedure Code.
• Right to be released after 24 hours unless the magistrate authorises further detention: This provision signifies that our criminal justice system is based upon the true facets of evidence and facts rather than authoritarianism.
• Right to be released on bail: The Bhartiya Nagrik Suraksha Sanhita has classified the category of bailable and non-bailable offences. It ensures that every accused has a right to get released on bail only in case of bailable offences, which further signifies the prudent structure of our criminal justice system.
• Right against self-incrimination: As per the Indian constitution, a person cannot be forced to be a witness against the self.
• No double jeopardy: As per the Indian constitution, a person cannot be prosecuted and punished for the same offences more than once.
• Right to a free and expeditious trial: which has to be free from any preconceived notions and biases. It also constitutes one of the chief elements of Article-(21): Right to life and personal liberty and Article-(14): Equality before the law and equal protection of the law.

EXCEPTION –

Article 22(3) of the Constitution of India states that clauses (1) and (2) regarding protection against arrest and detention do not apply to enemy aliens or to persons arrested or detained under preventive detention laws.

RELEVANT CASE LAWS:

No legal and constitutional article is considered complete until or unless we insert the relevant and associated case laws in it. So now, let’s look for some important case laws regarding the Rights of the Accused which will further strengthen and justify the provisions mentioned above.

1) Hussainara Khatoon v. Home Secretary, State of Bihar – This case clarified that the state cannot avoid its constitutional obligation to provide a speedy trial by citing financial or administrative difficulties.

2) Muniappa v. State of Tamil Nadu – This case established that before passing a sentence, the Judge must make an effort to elicit all relevant information from the accused.

 3) AR Antulay v. RS Naik and Another. – This case established that the Right to a Speedy Trial under Article 21 of the Indian Constitution includes all the stages of the proceedings, including investigation, inquiry, trial, appeal and revision.

THE ASSOCIATED ISSUES AND CHALLENGES –

The Indian Legal and Judicial system follows the principle of “Rule of Law” and preserving the rights of the accused under the fundamental rights signifies this notion as well. However, the following rights may get hampered due to several legal, technical, administrative and financial challenges. For example:

1. Large pendency of cases at the lower judiciary.
2. 2. Highly prone to corruption in police machinery which can mislead the facts and evidence.
3. Money and muscle power for false fabrication of charges and denial of rights of accused.
4. Legal loopholes in the constitution provisions that may deny the rights of the innocent.
5. Financial burden & less fiscal resources for faster and speedy trial.
6. Administrative staff backed with less legal and technical knowledge

Notable Solution –

Considering the following issues and challenges, we need to evolve a legal framework that fulfils the demand of changing patterns of the criminal justice system and societal norms. We, as a citizen of this country, should strive towards the adherence of the Constitutional norms and the values upon which the constitution has been framed.

CONCLUSION & COMMENTS

A fair and effective trial should constitute the prime motto of our judicial system, where each and every person has the right to express their views in a fair and neutral manner without being attached to any social stigmas and dogmas.

We as prospective legal practitioners by sticking to constitutional values can ensure that the present legal system would transform to its present needs and every person- rich or poor, educated or uneducated, upper caste or lower caste should have their say in the legal proceedings and fundamental rights.

REFERENCES

1. Books / Commentaries / Journals Referred
   1. INDIAN POLITY – by M. Laxmikanth.
   2. Supreme court’s: AIR.
   3. MP high court: Joti Journal.
2. Cases Referred
   1. Hussainara Khatoon v. Home Secretary, State of Bihar
   2. Muniappa v. State of Tamil Nadu
   3. AR Antulay v. RS Naik and Another.
3. Statutes Referred
4. Constitution of India, 1950.
5. Code of Criminal Procedure, 1973.