Right to Speedy Trial क्या है?
ऐतिहासिक पृष्ठभूमि
मुख्य प्रावधान
8 points- 1.
Derived from Article 21: The right to speedy trial is considered an essential component of the 'procedure established by law' for depriving a person of life or personal liberty.
- 2.
Applicability: Extends to all stages of the criminal justice process, including investigation, inquiry, trial, appeal, and revision.
- 3.
Reasonableness of Delay: The right is not absolute; the reasonableness of delay is determined by factors such as the complexity of the case, the number of accused, the nature of the offence, and the conduct of both the prosecution and the defence.
- 4.
Consequences of Violation: Undue delay can lead to the quashing of criminal proceedings, release of the accused, or reduction in sentence.
- 5.
Purpose: Aims to prevent undue harassment, prolonged detention, loss of evidence, and the erosion of public faith in the justice system.
- 6.
Ensures Fair Trial: It is crucial for ensuring a fair trial, as prolonged delays can prejudice the defence and lead to a miscarriage of justice.
- 7.
CrPC Provisions: The Criminal Procedure Code (CrPC) 1973 contains provisions (e.g., Section 309 regarding adjournments) aimed at expediting trials, though often inadequately implemented.
- 8.
International Recognition: Recognized by international human rights instruments like Article 14(3)(c) of the International Covenant on Civil and Political Rights (ICCPR).
दृश्य सामग्री
Evolution of the Right to Speedy Trial in India
This timeline traces the judicial interpretation and legislative efforts that have shaped the Right to Speedy Trial, an implicit fundamental right under Article 21 of the Indian Constitution.
The Right to Speedy Trial, though not explicitly mentioned in the Constitution, has been a cornerstone of judicial activism, evolving through landmark Supreme Court judgments and now finding specific legislative backing in the new criminal laws, reflecting a continuous effort to address judicial delays.
- 1973Code of Criminal Procedure (CrPC) enacted, including provisions for summary trials and day-to-day hearings (Section 309).
- 1979Hussainara Khatoon v. State of Bihar: Supreme Court declares Right to Speedy Trial as implicit in Article 21.
- 1981Kadra Pehadiya v. State of Bihar: Reiterates the importance of speedy trial for undertrials.
- 1992Abdul Rehman Antulay v. R.S. Nayak: SC lays down comprehensive guidelines for determining 'unreasonable delay'.
- 1996Common Cause v. Union of India: SC issues further directions for speedy disposal of cases, including time limits.
- 2006Prakash Singh v. Union of India: Landmark judgment on police reforms, indirectly impacting trial efficiency.
- 2018Witness Protection Scheme approved by SC, aiming to secure witnesses and prevent trial delays due to intimidation.
- 2023Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduced, incorporating specific timelines for investigation, trial, and judgment.
- 2024 (July 1)BNSS 2023 comes into effect, replacing CrPC 1973, with new provisions aimed at expediting trials.
हालिया विकास
5 विकासContinued judicial emphasis on reducing pendency and ensuring timely justice, with courts often setting timelines for specific case categories.
Establishment and expansion of Fast Track Courts (FTCs) for specific categories of cases, such as those under POCSO Act, heinous crimes, and cases involving senior citizens.
Increased adoption of technology, including e-courts, video conferencing for witness examination, and digital case management, to expedite proceedings.
Legislative amendments and proposals to streamline trial procedures and reduce opportunities for unnecessary adjournments.
Debates on judicial accountability and performance metrics for judges to address the issue of delays more effectively.