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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 10, 20242024-05-10T15:19:51+05:30 2024-05-10T15:19:51+05:30In: Social Work and Criminal Justice System

Highlight constitutional mandates of criminal justice system in India.

Highlight constitutional mandates of criminal justice system in India.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-10T15:20:35+05:30Added an answer on May 10, 2024 at 3:20 pm

      In India, the criminal justice system is governed by various constitutional mandates that ensure the protection of fundamental rights, the rule of law, and the fair and impartial administration of justice. These constitutional provisions establish the framework for the investigation, prosecution, adjudication, and punishment of criminal offenses, and they provide the legal basis for safeguarding the rights of individuals accused of crimes. The following are the key constitutional mandates of the criminal justice system in India:

      1. Right to Equality (Article 14):

        • Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws to all individuals, including those accused of crimes.
        • This provision prohibits discrimination on the basis of religion, race, caste, sex, or place of birth and ensures that all persons are treated equally under the law.
        • The right to equality requires that the criminal justice system be applied impartially and without discrimination, and that all individuals be afforded equal opportunities and protections in legal proceedings.
      2. Right to Life and Personal Liberty (Article 21):

        • Article 21 of the Indian Constitution guarantees the right to life and personal liberty to all persons, which includes the right to be free from arbitrary arrest, detention, or deprivation of liberty.
        • This provision ensures that individuals accused of crimes are entitled to due process of law, fair trial procedures, and humane treatment while in custody.
        • The right to life and personal liberty imposes limitations on the powers of law enforcement authorities and requires that arrests and detentions be conducted in accordance with established legal procedures and safeguards.
      3. Right against Self-Incrimination (Article 20(3)):

        • Article 20(3) of the Indian Constitution provides individuals with the right against self-incrimination, which prohibits the compulsory testimony of an accused person against themselves.
        • This provision protects individuals from being compelled to testify against their own interests or to confess to a crime under duress or coercion.
        • The right against self-incrimination ensures that accused persons have the right to remain silent during police interrogation and cannot be forced to provide evidence or statements that may incriminate them in criminal proceedings.
      4. Right to Legal Representation (Article 22(1)):

        • Article 22(1) of the Indian Constitution guarantees the right to legal representation to all persons arrested or detained under any law, including those accused of crimes.
        • This provision ensures that accused persons have the right to consult and be defended by a legal practitioner of their choice during legal proceedings.
        • The right to legal representation safeguards the rights of accused persons, promotes access to justice, and ensures the effective exercise of procedural rights in criminal trials.
      5. Presumption of Innocence (Article 21 and Article 20(3)):

        • While not explicitly mentioned in the Constitution, the presumption of innocence is an inherent principle of criminal justice derived from Articles 21 and 20(3) of the Indian Constitution.
        • This principle requires that individuals accused of crimes be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
        • The presumption of innocence places the burden of proof on the prosecution to establish the guilt of the accused, protects individuals from unjustified arrest or detention, and ensures that due process rights are upheld throughout legal proceedings.
      6. Right to Speedy Trial (Article 21):

        • Article 21 of the Indian Constitution guarantees the right to a speedy trial to all persons accused of crimes, which includes the right to a prompt and expeditious resolution of criminal cases.
        • This provision ensures that accused persons are not subjected to prolonged pre-trial detention or delays in legal proceedings, which may violate their rights to liberty and due process.
        • The right to a speedy trial promotes the efficient administration of justice, reduces case backlog, and minimizes the risk of prejudice or injustice to accused persons awaiting trial.

      In summary, the constitutional mandates of the criminal justice system in India provide the legal framework for safeguarding the rights of individuals accused of crimes, ensuring the fair and impartial administration of justice, and upholding the rule of law. By guaranteeing the right to equality, life, personal liberty, legal representation, and presumption of innocence, as well as prohibiting self-incrimination and ensuring speedy trials, these constitutional provisions promote the protection of fundamental rights and procedural fairness in the criminal justice system.

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