CONSTITUTIONALITY IN THE ISSUE OF FRAMING OF CHARGES
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Abstract
One of the basic elements of Criminal Jurisprudence is fair trial. To ensure a fair trial, the accused must be given appropriate opportunity to defend himself. There are various constitutional safeguards within CrPC to ensure fair trial. Once the charges are framed, they have to be read and explained to the person accused. The court can alter the charge but it should not alter the charge to the prejudice of the accused person. Accused must be given appropriate time to prepare his defence. In case, the accused cannot afford a legal practitioner, the court must provide him an advocate to defend his case.
The right to a fair trial is a norm of international human rights law and also adopted by many countries in their procedural law. Countries like U.S.A., Canada, U.K. and India have adopted this norm and it is enshrined in their constitution. The right to a fair trial has been defined in numerous international instruments. The major features of criminal trial are preserved in the Universal Declaration of Human Rights 1948.
Article 10 (i) of the UDHR says that 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. Article 11 (ii) of the UDHR says that everyone charged with 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 necessary guarantees necessary for his defence. It also says that 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.
Article 6 of the European convention on Human Rights provides the minimum rights, adequate time and facilities to prepare their defence, access to legal representation, right to examine witness against them or have them examined, right to free assistance of an interpreter to everyone charged with a criminal offence.
The researchers in this project aim to critically analyse the practice of the courts regarding the framing of charges. In addition to this the project will also be a critical analysis on the method of investigation followed by the police. The scope of the study will be limited to the discrepancies in framing of charges by the courts and the discrepancies regarding investigation by the police officers.
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