Trial Under CRPC and Features of Fair Trial | Criminal Law - CLAT PG PDF Download

Trial under the Criminal Procedure Code (CrPC) 

1. Warrant Case : A warrant case involves serious offenses punishable by death, life imprisonment, or imprisonment exceeding two years. The CrPC specifies procedures for trials conducted by magistrates, either based on police reports or complaints.
2. Sessions Case : For offenses punishable by death, life imprisonment, or imprisonment exceeding seven years, the trial occurs in a Sessions court after being committed by a magistrate.
3. Summons Case : A summons case pertains to offenses punishable by imprisonment not exceeding two years. In such cases, there is no need to frame a formal charge, and the court provides a notice of accusation to the accused.
4. Summary Case : Summary cases involve minor offenses and can be tried swiftly by magistrates. Certain limitations apply regarding the length of imprisonment that can be imposed in summary trials

Features of Fair Trial

1. Presumption of Innocence 
2. Independent, Impartial, and Competent Judge 
3. Expeditious Trial 
4. Open Court Hearing 
5. Knowledge of Accusation and Adequate Opportunity 
6. Trial in the Presence of the Accused 
7. Evidence Presentation in the Presence of the Accused 
8. Cross-Examination of Prosecution Witnesses 
8. Prohibition of Double Jeopardy 
9. Legal Aid

Principles of Fair Trial Described Briefly:

1. Presumption of Innocence : The presumption of innocence holds paramount importance in the Indian Criminal Justice System. It asserts that every accused individual is presumed innocent until proven guilty beyond reasonable doubt. The burden of proof lies with the prosecution, reflecting the principle that the onus is on the accuser, not the accused.
2. Independent, Impartial, and Competent Judge : Impartiality in judges is crucial for fair trials, ensuring decisions are made without bias towards either party. The Code of Criminal Procedure, 1973 prohibits judges with personal interests in the case from presiding over it. The Supreme Court has emphasized that any perceived bias that could affect a litigant's apprehension of fairness must be avoided.
3. Expeditious Trial : Expeditious trial is a fundamental aspect of a fair trial, emphasizing the right to a speedy trial to prevent unnecessary harassment of the accused. The Supreme Court has affirmed that speedy trial is integral to Article 21 of the Constitution. The Code of Criminal Procedure mandates that trials and proceedings be conducted as swiftly as possible, with adjournments beyond the following day needing recorded justifications.
4. Hearing Should be in Open Court : The principle of an open court is vital for ensuring fairness in trials. Openness not only protects the rights of the accused but also serves the public interest. The Code of Criminal Procedure mandates trials in open courts, although judges have the discretion to deny public access in certain circumstances.
5. Knowledge of Accusation and Adequate Opportunity : Ensuring that the accused is aware of the charges against them and given a fair opportunity to defend themselves is crucial for a fair trial. The Code of Criminal Procedure emphasizes the need for precise accusations to uphold this principle.
6. Trial in Presence of the Accused : Conducting trials without the accused present contradicts the principles of natural justice. The accused's presence is essential for their defense preparation and participation in the proceedings.
7. Evidence to be Taken in Presence of Accused : The Code of Criminal Procedure mandates that all evidence be presented in the presence of the accused or their legal representative. While the accused's presence is generally required, the court can exempt them in the interest of justice under specific conditions.
8. Cross-examination of Prosecution Witnesses : Cross-examination of prosecution witnesses is essential for assessing their credibility. The prosecution must inform the court in advance about the witnesses they intend to present. This practice ensures fairness by allowing both parties equal opportunities to interrogate witnesses.
9. Prohibition of Double Jeopardy : Double jeopardy, rooted in the doctrines of autrefois acquit and autrefois convict, prevents an individual from being tried again for the same offense after acquittal or conviction. This principle is enshrined in Article 20(2) of the Indian Constitution and reinforced by Section 300 of the Code of Criminal Procedure.
10. Legal Aid : The right to legal aid is fundamental, ensuring that every individual, regardless of their status, has access to legal representation. This right is enshrined in Article 22(1) of the Indian Constitution. The Supreme Court has affirmed that accused individuals are entitled to free legal counsel not only during the trial but also at the stage of their first appearance before the Magistrate and during remand proceedings. Article 39A, introduced by the 42nd Amendment in 1976, mandates providing free legal aid to those unable to afford legal representation. Sections 303 and 304 of the Code of Criminal Procedure also guarantee the right to legal aid through counsel to every accused person.