Complete guide to the rights of accused persons during criminal trial at Asansol Court covering right to fair trial, right to counsel, right to speedy trial, and other constitutional protections.
📞 +91 7001486154Article 21 of the Constitution guarantees the right to a fair trial as part of the right to life and personal liberty. The Supreme Court has held that a fair trial includes the right to a public hearing, the right to be heard, the right to cross-examine witnesses, the right to present defence evidence, and the right to a reasoned judgment. Any trial that violates these principles is a nullity.
The right to a speedy trial is implicit in Article 21. Prolonged delays in trial violate this right, and the court may quash proceedings if the delay is unreasonable and prejudicial to the accused. However, the accused must assert this right and cannot benefit from delays caused by their own actions.
Article 22(1) guarantees the right to consult and be defended by a lawyer of one's choice. If the accused cannot afford a lawyer, the court must provide legal aid at state expense under Section 304 CrPC. The right to legal representation extends to all stages — investigation, trial, and appeal.
Trial by impartial judge, public hearing, opportunity to cross-examine, present defence, argue before judgment, and reasoned decision. Any violation makes trial invalid.
Case must be disposed within reasonable time. Unreasonable delay violates Article 21. Court can quash proceedings for inordinate delay prejudicing accused.
Yes. Section 304 CrPC and Article 21 guarantee free legal aid to accused persons who cannot afford a lawyer. Court appoints lawyer at state expense.
File application for speedy trial or discharge. If delay is inordinate and prejudicial, court may quash proceedings. Delay due to accused's actions not counted.
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Asansol Court, Asansol, West Bengal - 713301