The Indian legal system provides a comprehensive framework for the protection of the rights of accused persons. These rights are enshrined in the Indian Constitution and are essential to ensure that a person accused of a crime receives a fair trial.
According to the Indian legal system, a person is considered innocent until he or she is proven guilty. Also, whether accused or not each person is eligible to have basic human rights. Until the crime is proven, there are certain rights for the accused person/s. Hence, the right of the accused includes the right to get bail, a fair trial, hire a criminal lawyer, and free legal assistance in India. The rights are provided along the lines of – ‘Let hundreds go unpunished, but never punish an innocent person’.
The rights provided to an accused person are divided into different stages which include before the trial begins, rights during a court trial, and after the trial get completed. Let’s understand these in detail.
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Right to appeal: If the accused person is convicted, they have the right to appeal against the verdict. This is to ensure that they have access to a higher court to review the decision made by the lower court.
Right to legal representation: Every accused person has the right to legal representation. This means that they have the right to be represented by a lawyer of their choice or to have a lawyer appointed by the state if they cannot afford one. The lawyer is responsible for protecting the rights of the accused, ensuring a fair trial, and presenting a strong defense.
Right to be informed of charges: The accused person has the right to be informed of the charges against them in a language they understand. This is to ensure that they are aware of the allegations made against them and can prepare a defense accordingly.
Right to bail: An accused person has the right to be released on bail unless there are compelling reasons to keep them in custody. Bail is granted on the basis of various factors such as the seriousness of the offense, the likelihood of the accused fleeing the country, and the potential danger to the public.
Right to a speedy trial: The accused person has the right to a speedy trial. This means that the trial must be conducted without undue delay, and the accused should not be kept in custody for an extended period without trial. This right is essential to prevent the accused from being held in custody for an extended period without a trial.
Right to remain silent: The accused person has the right to remain silent during the trial. This means that they cannot be forced to testify against themselves or provide evidence that may incriminate them.
Right to the presumption of innocence: The accused person is presumed innocent until proven guilty. This means that the prosecution must prove the guilt of the accused beyond a reasonable doubt.
Right to a fair trial: The accused person has the right to a fair trial. This means that the trial must be conducted in an impartial and unbiased manner, and the accused should be given an opportunity to present their defense.
In conclusion, the Indian legal system provides comprehensive protection for the rights of the accused person. These rights are essential to ensure that every accused person receives a fair trial, and justice is served. It is the responsibility of the legal system to ensure that these rights are upheld and that justice is delivered in a timely and impartial manner.