DELAY IN TRIAL
The author of this blog is Prabhat Yadav, student of 2nd year BA LLB (Hons), SGT UNIVERSITY, GURUGRAM
The expression trial isn't described withinside the Criminal Procedure Code. It is an exam of evidence in the courtroom for deciding whether the person is guilty of the crime or not. A judicial examination in accordance with law of land of a cause either civil or criminal of the issues between the parties, before a Court that has perfect jurisdiction.
Touching its Historical Background
The first case which took place in 1665, was of a British woman Ascentia Dawes who was accused for the murder of her slave girl. The beginning of the case became the end of Jury Trials by the case of K.M. Nanavati v. State of Maharashtra.
With the evolution of the East India Company into the Indian subcontinent, the machine of jury trial changed into divided into parts, first changed into withinside the presidency cities of Bombay, Calcutta and Madras and the other one was the area outside the presidency towns. In 1860, the Government of India followed the Indian Penal Code which constituted the mandatory criminal jury only in the High Courts of the presidencies. Since then, the adventure of a whole revolution withinside the felony machine of the country commenced which has now no longer most effective proven fantastic effects however additionally the improvement of the judiciary machine in India.
Kinds of Trial
There are 4 forms of trials supplied in Criminal Procedure Code. They are:
A trial before a Sessions Court
The sections from 225-237 of the Criminal Procedure Code basically deals with the cases by a Court of Session. In case of offences punishable with death, life imprisonment or imprisonment for a term exceeding seven years, the trial is conducted in a Sessions court after being committed or forwarded to the next court by the magistrate.
Trial of Warrant cases by Magistrates
Section 238-250 of the Criminal Procedure Code deals with the Trial of warrant cases by Magistrates. The warrant trial is being initiated by either case instituted on the police report or by the direct complaint given to the magistrate. The case started by the police shall be investigated first after reported the matter under section 173 of the Code and the same report should be submitted to the magistrate along with the accused of the cognizance of the offence.
Trial of Summons cases by Magistrates
Section 251-259 of the Criminal Procedure Code deals with the Trial of Summons case by Magistrate. The case in which the punishment for the offence is less than two years comes under the category of the summons cases. The Court upon finding these cases issues a notice as material for the accusation and then sends it to the accused.
Section 260-265 of the Criminal Procedure Code deals with Summary Trials. A summary trial is a speedy and simple procedure to record the trial and the case is being speedily disposed off. The principle which is followed under summary trial is based on the legal maxim ‘justice delayed is justice denied.
Delay in Trial
Sir William Edward Gladstone said ‘Justice Delayed is Justice Denied’ which means if justice isn’t given at on right time, then it is not real justice. A speedy trial is a vital characteristic of a fair trial. A rapid trial is a crucial aspect, not only to the victim but also to the accused. Speedy and Fair trials are the only way to prevent miscarriages of justice and are an essential part of a good society, however, it isn't most effective approximately shielding suspects and defendants. The constitutional provisions assure that speedy trial is an important safeguard to prevents undue and oppressive incarceration prior to trial, to minimize concern accompanying public accusation and to limit the possibilities that long delays will impair the ability of an accused to defend himself. Additionally, makes societies an awful lot more secure and stronger. Without truthful trials, it's far believed that the guideline of thumb of regulation collapses. In any case, the American thought of not excusing charges, carte blanche, against a litigant whose expedient preliminary right has been abused raises fascinating issues, particularly when contrasting it with other legitimate frameworks. For sure, his structure is useful and valuable for thinking about how India, a majority rule government with a customary law overall set of laws that draws on the United States, has been combating with a proper build-up in crook instances which have overlooked to reach on the courts.
Increase in population, lack of adequate number of Courts, improper judges’ strength as against the population, lack of ministerial manpower, lack of infrastructure, very slow in computer use and use of information technology, inadequate budget allocations for judiciary, awareness, globalization, raise in the economy, change in economic considerations, literacy rate, trust in the system, accessibility to resources, the impact of legislation, standards of living and new dimensions to relationships are the main factors that cause huge pendency of cases and delay in disposal which eventually affects both the victims and accused.
Section 309 of Criminal Procedure Code says that in every inquiry or trial there should be held expeditiously and when the examination of witnesses begins then, the same shall be continued each and every day until all the witnesses have been examined. By the interpretation of the provisions of the Constitution, the court stated that expeditious trial is a rule and adjournment is an exception. In the case of Hussainara Khatoon and Ors. V. Home Secretary, State of Bihar, the Hon’ble Supreme Court has very well stated that speedy trial is an integral and essential ingredient of reasonable, fair, and just procedure which is guaranteed by Article 21 of Indian Constitution. Therefore, the speedy trial is an important part of the criminal justice system, and delay injustice is caused by delay in the trial, this statement by the court clearly show us that there shall not stand any delay in the trials.
Presently, there are approximately 2.8 crore cases which are pending in various courts of India, and more than 60,000 cases in the Supreme Court. So, the bobbing up right here is that there are numerous instances obtainable however very much less of them are coming out. If there are an adequate number of courts and judges the delay in the trial can be avoided effectively. The litigations must now no longer be encouraged. The time restriction for hearing of a case must be constant if you want to store time and attend extra instances in a day. Arbitration, Mediation, Conciliation, must now no longer be underestimated.
We right here apprehend that there are such a lot of pending instances in India, because of which there's put off in trials in courts and every day pending instances are increasing, imagining the state of affairs of instances pending because years brings the phrase injustice because of which many laymen are afraid to record any case in opposition to the wrongdoings and go through more harm. If right techniques are followed, the put off in trials may be averted and right justice may be supplied to everyone and the religion in everyone might develop into reality.