COMPARATIVE STUDY OF HUMAN RIGHT UNDER TRAIL

Abstract

Human rights are inalienable rights and every human is entitled to such rights by birth. During the procedure of trail under criminal justice system in India the procedure is so long and stretched that these basic rights of both the parties are under question to a very great extent. The criminal justice system works on the very well settled principle of innocence and presumes the accused to be innocent and all the burden of proof is on the prosecution. And all those basic rights that are mentioned under the law are to be given to the accused, mere investigation saying that he has committed any offence would not take away his rights, but the other side of the coin is not in every case is the accused innocent and may be because of the presumption of innocence the prosecution is under undue pressure of burden proof. The author in this paper has discussed and compared the human rights of both the parties’ i.e the accused and the victim, and tried to draw a comparison of state and human rights or natural rights of both the parties.  The paper focuses on the rights that the legislation has given to the accused and a situation of prosecution where the presumption of innocence acts as a boom for one party and curse for another.