Chapter-IV
Criminal Trials and Adjudication of Cases
In the initial two chapters there is an elaboration of judicial officer’s powers
that related mainly to the investigatory officers and the prosecutorial officers. The
present and the subsequent chapters lay down the human right law in the
adjudicatory / the trial stages, which relates to some of the most crucial rights, such
as right to legal aid, right against double-jeopardy, right not to be compelled to be
a witness against himself, and also protections against other forms of abuse of
process, etc. that mainly relate to the functions of the lower level judiciary itself.
Box-22
In the trial of any person accused of an offence, every trial Judge/ Magistrate
shall:
Arts.20(1) &21 of the Const.
1.
Ensure that every accused person is
presumed to be innocent till he is found
guilty.
SS.101, 102. of the Evidence
Act,1872
2.
Ensure that presumption of innocence
is a normative and legal requirement.
3.
Ensure that the entire trial process is
conducted fairly that there are no legal
infirmities in the trial in matters
examination of witnesses, speedy trial
and the right to presumtion of innocence.
4.
Ensure that there is a speedy trial and
expeditious disposal of a case.
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