Constitutional Protections in Criminal Offences


The author of this blog is Pulkit Khanduja Second year, B.A.LLB student at Guru Gobind Singh Indraprastha University (GGSIPU)


Any person living in any part of the world has rights which are guaranteed by the Constitution which they can exercise at any point in time. The laws are made in consonance with the provisions of the Constitution and laws which are discriminatory or in contravention to the constitution can be struck down by the Apex Court at any point in time.Though it is known that the Constitution is borrowed, the same is evident from certain provisions of the constitution and had been construed in such manner that it fits all the sections of societies and the main feature about our constitution is its Fundamental Rights. 

In India Constitution is regarded as the Parent Guide for all the laws and all the laws which are made they are carved out of it. and made in accordance or reference with those laws as they are required to be used in the long run our Constitution is widely related to Democracy and Rule of Law and the Rule of Law is the basic rule of any policy and giving free and fair trial is an integral part of it wherein every person is given equal treatment and chances to prove himself/herself or speak for their own good.It can be correctly said that the Constitution of India through its provisions have taken the best care of the interests of its citizens who are residing in India. The people who are accused have been provided with the safeguards which are enshrined in our constitution and therefore, in order to prove the person guilty the party has to prove the guilt beyond a reasonable doubt.

Under Constitutional Law
The person committing a crime or being involved in the crime should not be a judge in its own case and the Court must act on its own and should hear both the sides then give its judgment.- no person can be a judge in his/her own as it would lead to giving the judgment in their own favor which would lead to discrimination with the other person. Whichever judge gets the case should give the judgment according to what they feel and should not be forced; they should not be forced to make any decision.
Both sides shall be heard, or audi alteram partem- both the parties should be heard then judgment should be given because it would be unfair if the only side is heard and a decision it given as it would lead to the violation of rights which a person has.

The notice should be sent to both the parties in due course of time before the proceeding beings- both the parties who are involved should be given a notice of the proceeding before a reasonable period of time as there should be no conflict regarding the time or for the parties to prepare themselves etc.

Right to get a Speedy Trial- the person accused should be immediately be taken to the nearest magistrate and the trial should begin, despite these laws, still, the process is slow and the people who are falsely charged suffer inside the jail because of the late Dates which are provided to them which leads to another party to be free knowing that this process would take time and making the life of the other party miserable.
Right to accused of privacy and protection against unlawful searches: The force or authorities can't harm the privacy of the accused on an insignificant supposition for an offense. As indicated by right of charged in India, his/her property can't be looked at by the police without a court request.
Bail as the rights of accused in India: The accused can file bail application to be released from remand under the provision laid down in the Code of Criminal procedure under section 439.
Right to be present during the trial: According to section 273, all the recording must take place before the Lawyer or the Accused.
Right to Humane Treatment in Prison: The person has the authority to get all his freedom when in jail such as to call for his lawyer etc.
If the accused it declared to be innocent he or she should be given the copy of judgment and if the person has a risk to his/her life after the trial should be provided with protection if required.
Article 14, Article 20, Article 21 and Article 22, Article 39A can also be used by the Accused.
Article 14 Equality before the law- as we know that Social Justice is one of the sub-divisional concepts of Justice takes into consideration the benefits and burdens from the whole of the society as it is a result of the social institutions. Equal Protection means the right to be treated equally in similar situation regardless of privileges or liabilities involved, no discrimination between people dealing with the subject matter.Giving more Light upon this, the concept of fairness in Article 14 it is said that the Court would not only remove the law which is unreasonable but would even uphold the law which would make protective discrimination as it would favor the SC’s and ST’s to make them come in the mainstream.
Article 20 Protection in respect of conviction of offenses- nobody has the power to arrest anyone till the time any crime has been done by that person, he/she would not be punished twice for the same crime and them won’t be forced to become Witness against themselves.
Article 21 Protection of Life and Liberty- no citizen can be deprived of his or her rights till the time any rule has been established by law. This article takes into consideration that no citizen residing in India is deprived of his/her rights and this right include that people should live with dignity.
If any person is found to be deprived of his/her rights a procedural law has been made which would look into it.
Article 22: Protection against Arrest and Detention in Certain Cases: no citizen can be arrested or taken away by any force or authority without being told the reasons of the arrest and cannot be stopped in consulting any legal help, the arrested person should be taken to the nearest magistrate within 24 hours of the arrest, no law can authorize the detention of 3 months unless and until the said by the Members of the Board
Article 39A Right to Legal Aid: the state shall provide justice on the basis of opportunities and shall provide free help if needed to the people in help for securing justice and not be denied because of any reasons.
Cases
In, Nandini Sathpathy v. P.L.Dani [i]
In this case the Court observed that nobody can coercively proclamation information from the charged person and that it is the person option either to speak to keep quiet throughout cross-examination.
In, D.K. Basu v. State of W.B [ii]
In this case the judges laid down few rules which would be now taken into consideration by the  Capturing In-charge and that they should bear precise, obvious, and clear recognizable proof alongside their formal IDs with their post, the update should be signed by the arrestee and relative, the family or the companion must be told about the capture of the denounced, The arrestee might be allowed to meet his legal counselor during cross-examination, however not all through the cross-examination and numerous others.


[i] 1978 SCR (3) 608
[ii] (1997) 1 SCC 416

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