Question

What is a Fair Trial? What are its features? Discuss.

Answer 1

Instructions - Write the answer in points with a brief introduction in not more than 120 words

Solution:

• A fair trial is a fundamental human right of every accused person. It means that trials must be conducted by an impartial judge in an impartial environment where all parties are treated equally until proven guilty.
• A fair trial ensures that Article 21 of the Constitution is upheld and ensures justice.

Features of Fair Trial:

1. Happens in an open court, in public view.
2. The accused is defended by a defence lawyer who gets an opportunity to cross-examine all the prosecution witnesses and to present witnesses in the accused's defence.
3. The judge has to assume that the accused is innocent until proven guilty.
4. Judge remains impartial and on proved innocent (Based on the evidence), the accused is allowed to go free.
5. Every citizen, irrespective of their class, caste, gender, religion and ideology, before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.