RIGHTS OF ACCUSED IN THE CONTEXT OF CRIMINAL

JURISPRUDENCE IN INDIA
In compliance to the partial fulfillment of the marking scheme, for Trimester 5 of 2015-2016, in the subject of
LAW OF CRIMES-II

TABLE OF CONTENTS
Sr.No.

TOPIC

Pg.No.

i.

COVER PAGE

ii.

INDEX

iii.

ABBREVIATIONS

iv.

TABLE OF CASES AND STATUTES

v.

1. RESEARCH METHODOLOGY

3-4

1.1 Objective of the study

1.2 Research Methodology
1.3 Formatting Methodology

5-6

1.4 Scope of the Study

1.5 Chapter Scheme
1.6 Limitation of the Study

vi.

2. INTRODUCTION
2.1 Defination of Accused
7-8
2.2 Meaning: Rights of the Accused
2.3 Evolution: Development of Law

vii.

3. LEGAL ANALYSIS
3.1 Rights of the Acuused under Constitution of India

9-13

3.2 Rights of Accused under Criminal procedure code

viii.

4. ROLE OF JUDICIARY
4.1 Landmark Cases

14-15

4.2 Indian System: Inclined towards Accused

ix.

5. COMPARITIVE STUDY

16-171

x.

6. CONCLUSIONS & SUGGESTIONS

18-19

xi.

BIBLIOGRAPHY

20

LIST OF ABBREVIATIONS

AIR
CrPC
IPC
POTA
SC
SCC
UDHR
UK
USA
UOI
USC

All India Reporter

Criminal Procedure code
Indian Penal Code
Prevention of Terrorism Act
Supreme Court
Supreme Court Cases
Universal Declaration of Human Rights
United Kingdom
United States of America
Union of India
United States Code

LIST OF STATUTES

Universal Declaration of Human Rights, 1948

International Covenant on Civil and Political Rights, 1966

The Code of Criminal Procedure, 1973
Indian Evidence Act, 1872

LIST OF CASES REFFERED

D.K. Basu v. State of West Bengal, AIR 1997 SC 610.

Hathi Singh Manufacturing Co. v. Union of India, AIR 1960 SC 923.
HussainaraKhatoon v. State of Bihar, (1980) 1 SCC 98, 107: 1980 SCC (Cri) 40,

49: 1979 CrLJ 1045, 1051.

HussainaraKhatoon (No.1) v. Home Secretary, State of Bihar, AIR 1979 SC 1360
HussainaraKhatoon (No.2), AIR 1979 SC 1369
HussainaraKhatoon(No. 3), AIR 1979 SC 1377.
M.P. Sharma v. Satish Chandra, AIR 1954 SC 300.
Meneka Gandhi (Smt.) v. Union of India, AIR 1978 SC 597.
Mihir Kumar Ghosh v. State of West Bengal, 1990 Cri LJ 26 (Cal).
Nandini Satpathy v. P.L.Dhani, AIR 1978 SC 1025.
Nilebati Behera v. State of Orissa, (1993) 2 SCC 746.
Peoples Union for Democratic Rights v. Police Commissioner, Delhi Police

Headquarter, (1989) 4 SCC 730.

Prem Shankar Sukla v. Delhi Administration, 1980 AIR 1535, 1980 SCR (3) 855.
Rudal Singh v. State of Bihar, (1983) 4 SCC 141
Selvi Murugeshan v. State of Karnataka,AIR 2010 SC 1974.
SheelaBarse v. State of Maharshtra, (1983) 2 SCC 96.
SheelaBarse v. Union of India, AIR 1986 SC 1773.
State of M.P. v. Shobharam, AIR 1966 SC 1910.
Sunil Batra v. Delhi Administration, 1980 AIR 1579, 1980 SCR (2) 557.

1. RESEARCH METHODOLOGY

1.1 OBJECTIVE OF STUDY

The objective of the researchers study on this topic is to dissect and give a holistic analysis
of the various aspects of the Rights of Accused in the Context of Criminal Jurisprudence in
India. This project analysis various provisions related to this aspect, under the Constitution
and the procedural law i.e. Code of Criminal Procedure.
1.2 RESEARCH METHODOLOGY
The nature of research methodology adopted by the researcher for this particular topic is
purely doctrinal. The researcher has used resources available at the library of college and the
World Wide Web. Thus, the researcher of this project has used secondary data for the
successful completion of this project. No primary data has been included.
1.3 FORMATTING METHODOLOGY
The project is in Times New Roman, font Size 16 for the main headings and 12 for other
parts of the study with 1.5 spacing. The footnotes are of font size 09 with a line spacing of
1.0. Uniform method of footnoting has been followed.
1.4 SCOPE OF THE STUDY
The scope of this study has been to throw light on the Rights of Accused in India. The
researchers have analysed the relevant provisions in the Code of Criminal Procedure, 1973.
1.5 CHAPTER SCHEME
In the first chapter, the researcher has discussed the objective of the study, research
methodology, and scope of the study, chapter scheme and the limitation of the study in this
chapter. In the second chapter, titled Introductiion researcher has discussed the definition of
accused and the rights provided to the accused also highlighting the Evolution:
development of la. Also, the researcher has studied the gradual development of the law
relating to this aspect.
In the third chapter, titled, Legal Analysis, the Rights of Accused in the Constitution of
India have been discussed, with regard to the constitutional provisions in the light of natural
justice and equality. The chapter specifically throws light on the Articles 20 and 21 of the
6

Constitution.

The same chapter continues with, Rights of Accused under the Code, the researcher has
discussed in detail the rights given to the accused in the Criminal Procedure Code of India.
The chapter deals with the provisions related to the arrested person, duty of the magistrate,
confession, introgation and bail under the code.
In the fourth chapter, titled Role of Judiciary the researcher has critically analyzed the India
Justice System by The role and duties of the judges and landmark cases further explaining the
rights of the accused. Moreover, it also deals with the situation of the inclination of the Indian
System towards the accused.
In the fifth chapter, Comparative study, a comparison is drawn on the laws relating to the
rights of the accused in different countries i.e. USA & UK.
In the Last chapter, brief deductions have been made along with discussion of the rights of
the accused in the Indian Laws and some suggestions have also been forwarded, in light of
the Malimath Committee Report.
1.6 LIMITATION OF THE STUDY
Due to paucity of time and lack of resources, the researcher could not undertake a complete
and in depth study of the present topic through primary sources. However an exhaustive use
of the Internet and library resources for the successful completion of this project has been
done.

2. INTRODCTION

2.1 DEFINITION OF ACCUSED

The term "accused" has not been specifically defined in the code but what we generally
understand is that the accused means the person charged with an infringement of the law for
which he is liable and if convicted then to be punished. In other words, an accused is a person
who is charged with the commission of offence. The Oxford Dictionary defines accused as,
a person or group of people who are charged with or on trial for a crime. An offence is
defined as an act or omission made punishable by any law for the time being in force.
2.2 MEANING: RIGHTS OF ACCUSED/FAIRNESS TO ACCUSED
An accused cannot have similar footing with the convicted person. In the Bill of Rights
Ordinance, 1991 affirms that every accused has a right to be presumed innocent until his guilt
is proved. Thus, the accused person has every right like other citizen of the country except his
curtailment of person liberty in conformity with laws. The basic difference is that an
accusation has been made against the accused person for violation of law or offence prevalent
in the country. The rights of the accused person are of much concern today. Belatedly though,
it has been observed the blatant and flagrant violation of their rights in different stages. The
implication of Article 21 of the Constitution of India is that a person could be deprived of his
life or personal liberty only in accordance with procedure established by law. As per Article
22 of Constitution of India, a person who is arrested for whatever reason gets three
independent rights. The first is the right to be told or informed the reasons for the arrest as
soon as an arrest is made, the second is the right to be produced before a Magistrate within 24
hours and the third is the right to be defended by an advocate of his choice.
The Third Report of the National Police Commission identifies the wrongful use of arrest
powers as one of the chief sources of corruption in the police and that nearly 60% arrests
made by police officers are unnecessary and unjustified. The said report strongly opposed the
practice of carrying out indiscriminate arrests. The Honble Supreme Court of India said that
an arrest cannot be made simply because it is lawful for a police officer to do so. Arrest and
detention in police lock up can cause incalculable harm to the reputation and self-esteem of a
person. Therefore, arrest should not be made in a routine manner on mere allegation that a
person has committed an offence.
8

2.3 EVOLUTION: DEVELOPMENT OF THE LAW

Rights of accused, in law, the rights and privileges of a person accused of a crime,
guaranteeing him a fair trial. These rights were initially (generally from the 18th century on)
confined primarily to the actual trial itself, but in the second half of the 20th century many
countries began to extend them to the periods before and after the trial. All legal systems
provide, at least on paper, guarantees that insure certain basic rights of the accused. These
include right to trial by jury (unless jury trial is waived), to representation by counsel (at least
when he is accused of a serious crime), to present witnesses and evidence that will enable
him to prove his innocence, and to confront (i.e., cross-examine) his accusers, as well as
freedom from unreasonable searches and seizures and freedom from double jeopardy. At the
present stage of civilization it has been widely accepted as human value that a person accused
of any offence should not be punished unless he has been given far trail and this guilt has
been prove in such trail. The notion of fair trail, like all other concept incorporating fairness
and reasonableness, cannot be explained in absolute terms. Fairness is relative concept and
therefore fairness in criminal trial could be measure only in relation to the gravity of the
accusation, time and resources which society can reasonably afford to speed, the quality of
the available resource, and prevailing social value etc.
The major attributes of fair criminal trial are enshrined in Articles 10 of the Universal
Declaration of Human Rights.
These Articles provide:
1) Everyone in entitled in full equality to fir and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations of any criminal charge
against him. (Article 100
2) Everyone charge with penal offence has the right to be presumed innocent until proved
guilty according to the law in public trial at which he has had all the guarantees necessary for
his defense. (Article 11)
Our courts have recognized that the primary object of the criminal procedure is to ensure a
fair trial of accused persons, and the Law Commission Report has accepted the view that
requirements of a fair trial, speaking broadly, relate to the character of the court, the venue,
the mode of conducting the trial (particularly trial in public), the rights of the accused and
other rights.

3. LEGAL ANALYSIS
The Present Legal Framework, Study of Criminal Provisions, and Relevant Legal Bodies have been
dealt in detail in the following chapter:

3.1 RIGHTS OF ACCUSED UNDER THE CONSTITUTION OF INDIA

The meaning of the term accused and the basis of the recognition of various human rights
to an accused have been discussed. It has been observed that the concept of the rights of an
accused person is mainly based on principles of natural justice and thus is time immemorial
but it had assumed much importance at the international level from 1948 onwards due to
Universal Declaration of Human Rights, 1948, International Covenant on Civil and Political
Rights, 1966 and many other international documents and at the national level due to the
various fundamental rights guaranteed under the Constitution of India. Thus, before
examining the various human rights of an accused in detail, it would be useful to discuss in
brief evolution of such rights. Which is proposed to be subject matter of this chapter. The
discussion of the evolution of the rights of accused may be made in five parts:
1. Rights of accused recognised under Hindu Legal System in Ancient India
2. Rights of accused granted under Muslim Legal System
3. Rights of accused recognised during British Period
4. Rights of accused recognised at International Level
5. Rights of accused recognised and guaranteed at National Level by the Constitution of
India
RIGHTS OF ACCUSED RECOGNISED AND GUARANTEED BY THE CONSTITUTION
OF INDIA
The Universal Declaration of Human Rights, 1948, recognised certain human rights of an
individual, including an accused. The Code of Criminal Procedure enacted in 1898 (as
amended in 1973) also contained many provisions giving various rights to an accused. The
Indian Constitution, in tune with the International endeavours, provided four basic principles
to govern the criminal justice system, viz, (i) presumption of innocence, (ii) prevention of expost facto operation of criminal law, (iii) protection against double jeopardy and (iv) due
process concept. Over and above, the right of equality and equal protection of laws, has
been guaranteed to every citizen as a fundamental right. The main rights of an accused which
have been recognised and guaranteed by the Constitution may be stated as under:
(i) Right of equality and equal protection of laws;
10

(ii) Right against ex-post facto operation of law;

(iii) Protection against double jeopardy;
(iv) Protection against self-incrimination;
(v) Right to have freedom from unwanted arrest and matters incidental thereto;
(vi) Right to legal defense;
(vii) Right to have public and speedy trial;
(viii) Right relating to pre-trial detention and matters incidental thereto; and
(ix) Right to approach higher judicial authority for filing appeal, etc.
LEGITIMACY OF NARCO-ANALYSIS
Narco-analysis poses several questions at the intersection of law, medicine and ethics. The
procedure for narco-analysis is violative of the rights against self-incrimination, guaranteed
under Article 20 (3) of Constitution or not is the question that has to be still answered as there
have been major developments in the past and the validity of it is still to proved. This has
become a debatable topic over the years. The court may, however, grant limited admissibility
after considering the circumstances under which the test was obtained. The petitioners in one
of the case said courts could not direct the prosecution to hold Narco analysis, brain mapping
and lie detector tests against the will of the accused as it would be violative of Article 20 (3)
of the Constitution. Subjecting the accused to undergo the test, as has been done by the
investigative agencies in India, is considered by many as a blatant violation of Art. 20(3) it
was held that to attract of Constitution.
3.2 RIGHTS OF ACCUSED UNDER THE CODE OF CRIMINAL PROCEDURE
This chapter includes detailed discussion of rights of the accused in Indian Criminal
Jurisprudence. Observing the trend of judiciary, it can be said that in most of the judgments
of 1990s, between the rights of accused and justice to victim, the pendulum shifted to the
rights of accused and now it is being balanced.
The aim of criminal law is to protect the right of individuals and the state against the
intentional invasion by others, to protect the weak against the strong; the law abiding against
the lawless. To ensure free and fair trial so that an innocent person may not be victimized, an
accused person is entitled to certain basic rights and privileges to defend himself and prove
his innocence before he is condemned and punished. The three basic principles of criminal
law are:
(i) Firstly, that every person is presumed to be innocent until proven guilty,
11

(ii) Secondly, that the burden of proving the guilt of the accused lies heavily on the
prosecution and it must be discharged beyond reasonable doubt; and
(iii) Thirdly, the benefit of doubt is accorded to the accused coupled with the privilege of
silence.
Hence, the rights of the accused are given utmost importance and are sacrosanct. Along
with the provisions of our Constitution and the Code of Criminal Procedure, several leading
cases have laid down the basic rights of the accused. Though, the basic human rights of the
accused ought to be given important, the balance between them and the rights of the victims
need to be maintained..
The following are the rights available to the accused in Indian Criminal Jurisprudence:
3.2.1 RIGHTS OF ACCUSED: INNOCENT UNTIL PROVEN GUILTY
One of the basic tenets of our legal system is the benefit of the presumption of innocence of
the accused till he is found guilty at the end of a trial on legal evidence. The presumption of
innocence has been accepted as a central safeguard against the exercise of arbitrary power by
public authorities. In India, a system of adversarial form of adjudication is followed which is
also known as accusatorial system in case of criminal procedure and the underlying principle
of this system is presumption of innocent until-proved-guilty.
3.2.2 RIGHTS OF ARRESTED PERSON
The 2008 Act has brought a considerable change in laws relating to arrest. The original
section 41 of the Cr.P.C gave power to the police to arrest any person without warrant who
has been suspected of having committed any cognizable offence or against whom a
reasonable complaint has been made. The 2008 Act has inserted new sections 41A, 41B, 41C
and 41D.
Broadly speaking, the rights of an arrested person can be listed as the following:
3.2.1 Right to be presented before the magistrate within 24 hours of arrest (S. 56, 57, Cr.P.C)
3.2.2 Right to know the grounds of arrest (S.50(1), Cr.P.C)
3.2.3 Right to inform a friend/family of arrest (S.50-A, Cr.P.C.)
3.2.4 Right to have a lawyer present at the time of interrogation (S. 41-D, Cr.P.C)
3.2.5 Right to be released on bail in case of non-bailable offence (S. 50(2), Cr.P.C)
3.2.6 Right to be medically examined. (S. 53, 54, 53-A, 164-A, 55-A)
3.2.3 DUTY OF THE MAGISTRATE WHEN THE ACCUSED IS PRODUCED
When the arrested person is produced before the Magistrate, he has a duty to enquire with the
accused as to when he was arrested and the treatment meted out to him including subjecting
him to third degree methods, and about the injuries if any on his body.
1. Confession by Accused
12

Confession statements by accused to the police are absolutely excluded under section 25,
evidence Act. No confession made to a police officer is valid as evidence. All confessions
must be made to a Magistrate not below the rank of Judicial Magistrate.
Section 164 of Cr.PC provides for the recording of confessions and statements.
Usually the Court requires some corroboration from the confessional statement before
convicting the accused person on such a statement.
3.2.5 INTERROGATION
The suspect has a right to counsel during interrogation and should be allowed to meet his
counsel; where necessary, he is entitled to free legal aid and enjoys the right to remain
silent.Though this does not apply to the suspect/accused, it may be necessary to introduce this
change.
3.2.6 BAIL
Person accused of a bailable offence has right to be released on bail. It is the duty of the
police officer incharge to intimate this. Similarly, persons accused of non-bailable offence
may be granted bail at the discretion of Court, on application. A person who has reason to
believe that he may be arrested in future for a non bailable offence, may apply to the
competent Court for grant of anticipatory bail. The Court considering the circumstances of
the case may grant anticipatory bail so that in the event of arrest, he shall be released on bail.
Once the accused is granted bail by invoking Sec. 205 Cr.P.C. he need not attend the court
(unless it is a condition of bail) before charge sheet is filed and process issued.
3.2.7 RIGHTS OF THE ACCUSED IN INDIAN CRIMINAL TRIAL
(a) Right to a copy of police report and other documents: As per section 207 of CrPC,
accused has the right to be furnished with the following in case the proceeding has been
initiated on a police report: the police report; the first information report recorded under
section 154; the statements recorded under sub-section (3) of section 161; the confessions and
statements, if any, recorded under section 164; any other document or relevant extract thereof
forwarded to the Magistrate with the police report under sub-section (5) of section 173.And
as per section 208 of CrPC, when a case not instituted by a police report but when the offence
is triable exclusively by the Court of Sessions. The statements recorded under section 200 or
section 202, or all persons examined by the Magistrate; the statements and confessions, if
any, recorded under section 161 or section 164; any documents produced before the
Magistrate on which the prosecution proposes to rely.
(b) Right to be discharged when no sufficient ground: As per section 227 of CrPC, when the
judge is convinced that there is no sufficient ground for proceeding against the accused after
duly considering the case, it is the right of the accused that he be discharged.
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(c) Right to present evidence: According to section 243(1) of CrPC, the accused has the right
to present his evidence and defend his case. The magistrate is duty bound to record written
statements put by the accused.
(d) Right to be present when evidence is taken: Section 273 of CrPC makes it obligatory on
the part of the Magistrate to ensure that all evidence taken in the course of the other
proceeding shall be taken in the presence of the accused or, when his personal attendance is
dispensed with, in the presence of his pleader.
(e) Right to be defended: Section 303 of CrPC and Article 22(1) of the Constitution of India
provides a right to all the accused persons, to be defended by a pleader of his choice.
(f) Legal aid at State expense in certain cases: This is not a right available to all the accused
but to certain category of accused as a privilege. So where, in a trial before the Court of
Session, the accused is not represented by a pleader, and the court believes that he does not
have sufficient means to engage a pleader, it shall assign a pleader for his defence at the
expense of the State, under section 304 of CrPC.
(g) Right to cross-examination witnesses: The accused in order to test the veracity of the
testimony of a prosecution witness has the right to cross-examine him. Section 138 of Indian
Evidence Act, 1872 gives accused has a right to confront only witnesses.
Section 311 of CrPC gives the accused (and the prosecution) full right to cross examine a
witness called by the Court.
(h) No influence to be used to induce disclosure: As per section 316, the accused shall not be
subjected to any sort of influence by means of any promise or threat or otherwise, to induce
him to disclose or withhold any matter within his knowledge.
(i) Natural Justice and the Rights of the accused: Some of the basic elements of Natural
Justice are as follows:
No man shall be Judge in his own cause;
Both sides shall be heard, or audialterampartem;
Right to cross-examine;
Right to legal representation;
The parties to a proceedings must have due notice of when the Court / Tribunal will
proceed;
The Court / Tribunal must act honestly and impartially.
(j) Fair Trial: Public trial and speedy justice:
Every accused is entitled to be informed by the court before taking the evidence that he is
entitled to have his case tried by another court and if the accused subsequently moves such
application for transfer of his case to another court the same must be transferred. However,
14

the accused has no right to select or determine by which other court the case is to be tried.
The Constitution provides an accused the right to a speedy trial. Although this right is not
explicitly stated in the constitution, it has been interpreted by the Hon'ble Supreme Court of
India in the judgment of HussainaraKhatoon. This judgment mandates that an investigation in
trial should be held "as expeditiously as possible".
In all summons trials (cases where the maximum punishment is two years imprisonment)
once the accused has been arrested, the investigation for the trial must be completed within
six months or stopped on an order of the Magistrate, unless the Magistrate receives and
accepts, with his reasons in writing, that there is cause to extend the investigation.

4. ROLE OF JUDICIARY
The role of judiciary is significant in the present topic in deciding upon the rights of the
Accused. There have been landmark cases where the judiciary through judicial activism and
judjements in various cases have laid upon the rights that a person accused of crime has
before the law. This is of importance becase the credibility of judicial process ultimately
depends on the manner of doing administration of justice. Judiciary can promote social
justice through its judgments and orders. Hence the Judicial Law making and the Landmark
cases have been discussed under the present chapter.
In the leading case of Kishore Singh Ravinder Dev v. State of Rajasthan, it was said that
the laws of India i.e. Constitutional, Evidentiary and procedural have made elaborate
provisions for safeguarding the rights of accused with the view to protect his (accused)
dignity as a human being and giving him benefits of a just, fair and impartial trail. However
in another leading case of Meneka Gandhi (Smt.) v. Union of India it was interpreted that the
procedure adopted by the state must, therefore, be just, fair and reasonable
4.1 LANDMARK CASES
HussainaraKhatoon Case:
In HussainaraKhatoon v. State of Bihar, the Supreme Court considered the problem in all its
seriousness and declared that speedy trial is the essential ingredient of reasonable, fair and
just procedure guaranteed by the Article 21 and it is the Constitutional obligation of the State
to devise such a procedure as would ensure speedy trial to the accused. The Court observed:
The State cannot avoid its Constitutional obligation to provide speedy trail to the accused by
pleading financial or administrative inability. The State is under the Constitutional mandate
to ensure speedy trial and whatever is necessary for this purpose has to be done by the State.
It is also the Constitutional obligation of this Court, as the guardian of the fundamental rights
15

of the people, as a sentinel on the qui vie, to enforce the fundamental right of the accused to
speedy trial by issuing necessary directions to the State which may include taking positive
action, such as augmenting and strengthening the investigative machinery, setting up new
courts, building new court- houses, providing more staff and equipment to the courts,
appointment of additional judges and other measures calculated to ensure speedy trial.
Sunil Batra Case:
In Sunil Batra v. Delhi Administration (I) the practice of keeping undertrials with convicts in
jail was regarded by the Supreme Court as inhuman. The Court held that it offended the test
of reasonableness in Article 19 and fairness in Article 21.
The punishment of solitary confinement like Shobraj case was regarded as violative of Article
21 of the Constitution by stating that liberty to move, mix, mingle, talk, Share Company with
co-prisoners, if substantially curtailed by keeping a prisoner in solitary confinement, would
be violative of Article 21, unless the curtailment has the backing of law. The Court also held
that bar-fetters make a serious inroad on the limited personal liberty which a prisoner is left
with and therefore before such erosion can be justified it must have the authority of law.
D.K. Basu case:
The Hon'ble Supreme Court in D.K. Basu v. State of West Bengal, laid down the guidelines
on arrest of persons.
4.2 INDIAN SYSTEM: INCLINED TOWARDS ACCUSED
It is often argued that the Indian system of justice is inclined towards the accused as it is
similar to the Reformative Theory of Punishment. In India, the main aim of the legal system
is not to remove the criminals, but to remove the crime. Severe penalty is something which
comes into picture under rarest of the rare cases. In addition to this, due to a colossal number
of cases in the various courts over the country, the cases keep lingering on and on for a lot of
time.
The inclination of the Indian legal system towards the accused can be rightly proved by
having a look on the statistics of the conviction rate. According to the National Crime Record
Bureau (NCRB), the rate of conviction in the rape cases has dwindled drastically from 40.8%
in 2001 to 24.2% in 2012 . Similarly, the conviction rate in the crime of murder is around
38% . In case of the crimes against women, the rate is just 21.3%, which means out of every
5 accused, 4 walk out free. Moreover, the overall rate of conviction in India, for all the IPC
crimes, is 38.5%.
The above statistics clearly suggest that the Criminal Justice system in India is not free from
flaws and needs serious reconstructions and developments for a better justice system.

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17

5. COMPARATIVE STUDY

5.1 RIGHTS OF THE ACCUSED IN USA:

United States criminal procedure derives from several sources of law: the baseline
protections of the United States Constitution, federal and state statutes, federal and state
rules of criminal procedure (such as the Federal Rules of Criminal Procedure), and state and
federal case law either interpreting the foregoing or deriving from inherent judicial
supervisory authority1.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by
an impartial jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defense.
Rights of the Accused A crime victim has the following rights:
1. The right to be reasonably protected from the accused.
2. The right to reasonable, accurate, and timely notice of any public court proceeding, or
any parole proceeding, involving the crime or of any release or escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court,
after receiving clear and convincing evidence, determines that testimony by the victim
would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving
5.
6.
7.
8.
9.

release, plea, sentencing, or any parole proceeding.

The reasonable right to confer with the attorney for the Government in the case.
The right to full and timely restitution as provided in law.
The right to proceedings free from unreasonable delay.
The right to be treated with fairness and with respect for the victims dignity and privacy.
The right to be informed in a timely manner of any plea bargain or deferred prosecution

agreement.
10. The right to be informed of the rights under this section and the services described in
section 503(c) of the Victims Rights and Restitution Act of 1990 (42 U.S.C. 10607(c))
and provided contact information for the Office of the Victims Rights Ombudsman of
the Department of Justice.

1 Source: Boundless. The Rights of the Accused. Boundless Political Science. Boundless, 21 Jul. 2015. Retrieved 22 Nov. 2015 from
https://www.boundless.com/political-science/textbooks/boundless-political-science-textbook/civil-liberties-4/the-rights-of-the-accused-37/the-rights-of-theaccused-207-8702

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5.2 RIGHTS OF ACCUSED IN UK:

Whether you have been the victim of a crime or you are the accused, criminal law in the UK
affords you specific rights. When those rights are upheld, justice is insured to the best
possible degree. When those rights are violated, more victims are created as a result. It is
important for you to know your own rights regardless of which side of the law you are on.
For the accused, proper legal advice and representation is usually a necessity. While its true
defendants are sometimes allowed to defend themselves, courts typically frown on this
option. In some cases, a court will not even allow the legal process to go forward until the
accused has a qualified lawyer.
Rights of the Accused:
According to the GOV.UK website, crime victims in the UK have certain rights. First
among them is the right to contact police and be kept informed during the entire course of
an investigation.
Above and beyond these rights, crime victims have others as well:
1. Investigation Updates During the course of an investigation, victims have the right to
know when someone is arrested and charged with the crime. Police should automatically
keep you updated without you having to ask, but sometimes victims have to ask for
information.
2. 1Privacy The right to privacy is a fundamental right afforded to crime victims for
obvious reasons. When police speak to the media, they are required to ask permission of
victims in some circumstances. In cases of rape or sexual assault, the media is not
allowed to print the names, pictures, or any other identifying information about victims.
3. Rights of the Accused
4. Individuals being investigated, charged with, or prosecuted for crimes also have certain
rights afforded to them. While some think these rights are unfair, they are an important
part of the legal system that cannot be ignored. There have been numerous cases over
the years where criminals have gone free or avoided stiff penalties because their rights
were violated.
5. If you have been arrested the police will be able to question you for investigative
purposes or charge you with a crime. Prior to charges, you have the right to obtain legal
counsel, inform someone about where you are, get access to medical care if necessary,
and obtain a written document of your rights from the police. The police are also
required to explain these rights to you at the time of your arrest.
Once you have been formally charged, the authorities are required to give you a charge
sheet which will list charges against you along with brief descriptions. In some cases, you
will be able to post bail so you can be released until your first hearing. In other cases, the
police may determine a necessity to hold you in a facility until your hearing.
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6. CONCLUSION AND SUGGESTIONS

The present Code contains rules whose aim is that no innocent person is convicted and that
perpetrator of criminal offences are sanctioned in accordance with requirements provided by
the Criminal Code and based on the lawfully conducted proceedings. Prior to rendering a
final judgment or ruling on punishment, the rights of the accused person and his freedom may
be limited only under conditions stipulated by this Code.
The Chapter 1 Basic Principles of the General Provisions Part 1 of the Code of Criminal
Procedure Code, the article deals with the entitlement of an accused person or suspects.
1. To be informed about the offence with which he is charged, as soon as possible and no
later than at the first interrogation, in detail and in a language he understands, about the
nature and grounds for the accusation and the evidence collected against him;
2. To defend him, alone or with the professional assistance of a defense counsel of his own
choosing from list of lawyers.
3. To be brought before the court as soon as possible and tried in an impartial and fair
manner and within a reasonable period of time.
4. To be provided enough time and facilities to prepare his defense;
5. To declare himself on all the facts and evidence against him and to present facts and
evidence in his favor, either alone or through his counsel, to question prosecution
witnesses and request that defense witnesses are questioned under the same conditions
as the prosecution witnesses, in his presence.
6. To be provided with a translator and interpreter if he does not understand and speak the
language used in the proceedings.
Suggestions of the Malimath committee
The bulk of the Malimath Committee recommendations revolve around the idea that
whittling down the rights of the accused and increasing the rate of convictions will help
tackle crime.
"Everything has been said already, but as no one listens, we must always begin again."
The Committee, headed by Justice V.S. Malimath, former Chief Justice of the Karnataka and
Kerala High Courts, had the task of examining the fundamental principles of criminal law so
as to restore confidence in the criminal justice system. This involved reviewing the Code of
Criminal Procedure (CrPC), 1973, the Indian Evidence Act, 1872, and the Indian Penal Code
(IPC), 1860.

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One of the first responses to the Report was a conference in Delhi held jointly by the
International Commission of Jurists and the Human Rights Law Network. Said Colin
Gonsalves, a lawyer from the Human Rights Law Network: "The recommendations are like a
sugar-coated pill. Though there are a few welcome changes, the core recommendations are
dangerous and will lead to reconstructing criminal law. The report has not been circulated and
most of the participants in the conference, including senior Judges and lawyers, have not
been able to get hold of a copy."
The Committee has suggested that Section 25 of the Indian Evidence Act be amended to
bring it in line with Section 32 of POTA, which makes confessions to a police officer
admissible as evidence subject to the accused being informed of the right to consult a lawyer.
The committee has suggested that specific provisions be incorporated in the CrPC and the
Indian Evidence Act to enable a magistrate to order an accused to give samples of
handwriting, fingerprints and footprints for purposes of scientific examination. It also
provides for provisions similar to those in POTA to intercept electronic or oral
communication.
The committee has addressed the issues of compensation to victims, something the Supreme
Court has been talking of for a while now. It mentions the need for a Victim Support Service
Coordinator to work closely with the police and courts to ensure delivery of justice during the
pendency of the case. It also talks of economic crimes and organised crime, but only in
passing.
As a result of the study, we seeks conclusion that there is imminent need to bring in changes
in Criminal Justice Administration so that state should recognize that its primary duty is not
to punish, but to socialize and reform the wrongdoer and above all it should be clearly
understood that socialization is not identical with punishment, for its comprises prevention,
education, care and rehabilitation within the framework of social defence. Thus, in the end
we find that Rule of law regulates the functionary of every organ of the state machinery,
including the agency responsible for conducting prosecution and investigation which must
confine themselves within the four corners of the law.

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BIBLIOGRAPHY
BOOKS REFERRED
1. A. N. Chaturvedi, rights of accused under indian constitution 61 (1st ed. 1984).
2. J. N. Pandey, constitution law of india 158 (27th ed. 1994).
3. K. D. Gaur, a textbook on the indian penal code 368 (3rd ed. 2014).
4. The oxford english dictionary (1997).
ARTICLES REFERRED
1. Law commission of india, 37th law commission report on the code of criminal procedure, 1889
(1967).
WEB RESOURCES
1. www.princeton.edu/~achaney/tmve/wiki100k/docs/Adversarial_system.html.
2. https://www.academia.edu/1744762/Rights_of_the_Accused
3. http://www.vakilno1.com/supreme-court/10-latest-supreme-court-judgments-criminal-lawjanuary-2015.html
4. http://www.legalservicesindia.com/article/print.php?art_id=1524
5. http://hanumant.com/CrPC-Unit2-Arrest.html
6. http://www.lawctopus.com/academike/laws-of-custody-in-india-an-analysis-of-section-167-ofthe-code-of-criminal-procedure/
7. Atul Thakur, Maharashtra among Worst 10 in Conviction Rates,
articles.timesofindia.indiatimes.com/2013-08-24/mumbai/41443660_1_conviction-ratemaharashtra-ipc-crimes.
8. Bharti Jain, Conviction Rate fell from 41% to 14% in 12 years. The Times of India.
9. www.lawcom.govt.nz/sites/default/files/adversarial_and_inquisitorial_systems_2.pdf..
10. Naman Sharma, Adversarial System of Justice,
www.lawyersclubindia.com/articles/Adversarial-system-of-justice--5312.asp#.Um_Gf_kbDbw.
11. Rishika R, Code Of Criminal Procedure Reinforces On Effective Mechanism For Striking A
Balance Between Justice To Victim Of Crime And The Basic Human Rights Of The Accused,
(October 28, 2013), http://www.academia.edu/4456708/Cr_Pc_Final.
12. The Encyclopedia Britannica, Rights of Accused,
www.britannica.com/EBchecked/topic/3114/rights-of-accused.
13. Vivek Jain, Right of the Accused, http://www.mightylaws.in/511/rights-accused,
14. Yash Vijay, The Adversarial System in India: Assessing Challenges and Alternatives, Social
Science Research Network, papers.ssrn.com/sol3/papers.cfm?abstract_id=2147385.

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