Question

What are the essential elements if the criminal trial has to be a Fair Trial?

Answer 1

Answer:

The requirement of fair trial involves two things: a) an opportunity to the accused to secure a counsel of his own choice, and b) the duty of the state to provide a counsel to the accused in certain cases.

Step-by-step explanation:

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Answer 2

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• A fair trial ensures that Article 21 of the Constitution is upheld. It guarantees the right to life which states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure.
• Every citizen, irrespective of his class, caste, gender, religious and ideological backgrounds should get a fair trial when accused. That means a judge cannot jump to the conclusion, instead, he has to remain impartial and then decide on the basis of the evidences.
• The trial should be held in an open court and the accused should be defended by the lawyer. The public prosecutor should be given an opportunity to cross examine all the procession witnesses.
• The rule of law says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the constitution.