Conception of Fair Trial under the Code of Criminal Procedure

Trial has not been defined in the Code of Criminal Procedure. In general terms, trial is the examination in a Court of law by judge or jury, of issues presented in the due course of procedure.

The issues are generally issues of fact, but may include issues of law as well. The trial seeks to establish the merits of a controversy or the guilt or innocence of the defendant in a criminal prosecution.

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In fair trial, examination of issues of fact is made in a just and honourable manner in accordance with justice or the rules of law by hearing what the prosecutor and accused has to say in defence of their claim or conduct.

As per Section 4 of the Criminal Procedure, all offences under the Indian Penal Code, 1860 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Code of Criminal Procedure.

And all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

The fairness of a criminal trial is based on the human rights. Universal Declaration adopted and proclaimed by the General Assembly of the United Nations of Human Rights, 1948 provided the following law related rights along with other rights:

(1) All human beings are born free and equal in dignity and Rights (Art. 1).

(2) Everyone is entitled to all the rights and freedoms set forth in this Declaration (Art. 2).

(3) Everyone has the right to life, liberty and security of person (Art. 3).

(4) No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Art. 5).

(5) Everyone has the right to recognition everywhere as a person before the law (Art. 6).

(6) All are equal before the law and are entitled without any discrimination to equal protection of the law (Art. 7).

(7) Everyone has the right to an effective remedy by the competent national tribunal for acts violating the fundamental rights granted to him by the Constitution or by law (Art. 8).

(8) No one shall be subjected to arbitrary arrest, detention or exile (Art. 9).

(9) Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him (Art. 10).

(10) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed (Art. 11).

The question whether a criminal trial is fair or not will have to be examined on the basis of protecting the human rights, prevailing social values and adoption of the procedure laid in the Code of Criminal Procedure, 1973 and prevailing adversary system of criminal trial, based on accusational method. All the provisions of the Code of Criminal Procedure are attuned to provide for fair trial in the administration of criminal justice.

(1) Presumption of innocence:

Every criminal trial begins with the presumption of innocence in favour of the accused. Indian judiciary adopted adversary system of criminal trial based on accusatorial method. In trials of criminal offences, generally, the prosecutor representing the State accuses the defendant of the commission of the alleged crime. The accused person has the opportunity to defend himself and present his arguments by engaging an advocate.

The State provides legal aid at State costs to indigent accused persons to defend themselves in criminal trials. Charge against the accused is not framed by the prosecution but by the Court.

As per Section 228 of the Code of Criminal Procedure, if, after consideration and hearing, the judge is of opinion that there is ground for presuming that the accused has committed an offence which is exclusively triable by the Court, he shall frame in writing a charge against the accused.

The adversary system recognizes equal rights and opportunities to both the parties, i.e., the State and the accused person, to present their case before the Court. The adversary system of trial enables an impartial and competent Court to have a proper perspective of the case. The Court is more or less like an umpire and is not to take sides or to show any favour or disfavour to any party. The Court has only to decide the case according to law.

The burden of proving the guilt of the accused is upon the prosecution and unless it relieves itself of that burden, the Court cannot record a finding of the guilt of the accused. Unless and otherwise the accusation is proved, the accused cannot be considered as guilty and the Court declares the innocence of the accused person through its judgment.

(2) Venue of trial, i.e., place of trial:

As per Section 177 of the Code, every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

In Rajendra Ram Chandra Kavalekar v. State of Maharashtra & Anotherj¹ it was observed that the territorial jurisdiction of a Court with regard to criminal offence would be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed and the mere fact that FIR was registered in a particular State is not the sole criterion to decide that no cause of action has arisen even partly within the territorial limits of jurisdiction of another Court.

The venue of enquiry or trial is primarily to be determined by the averments contained in the complaint or charge-sheet. Section 177 of Cr. P.C. provides that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

According to Section 178 of the Code, where it is uncertain in which of several local areas an offence was committed, or where an offence is committed partly in one local area and partly in another; or where an offence is a continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Section 179 of the Code provides that when an act is an offence by reason of anything which has been done, and of a consequence which has ensued the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done, or such consequence has ensued.

As per Section 180 of the Code, when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.

The offence has to be tried by a Court which has territorial jurisdiction and also have power to try the offence as per Sections 177 to 189 of the Code of Criminal Procedure. The provisions of Sections 177 to 189 of the Code are meant to facilitate fair trial. If the place of trial is highly inconvenient to the accused person and causes various impediments in the preparation of his defence, the trial at such a place cannot be considered as a fair trial.