Right of 'Speedy' and 'Fair' Trial of accused: An overview

Abstract

The aim and object of speedy trial is enshrined under Article 21 of constitution of India. Every accused facing criminal charges therefore has the fundamental and legal right of speedy trial. The interest of Justice means Justice to both sides. If it is necessary that accused guilty of an offence should not escape punishment, then it is also more necessary that the accused persons should not be harassed indefinitely. The right of speedy trial encompasses all stages namely investigation, injury, trial, appeal revision and retrial. The fair, just and reasonable procedure is implicated in Article 21 of Constitution and it creates a right in favour of accused to be tried speedy. The delay in disposal of criminal cases is one of the most serious problems of criminal justice administration. An accused in judicial custody is entitled to be released unconditionally in case of inordinate delay in trial. The tactical devices adopted by the lawyers for longer monetary benefits, accused’s own efforts, delay in execution of processes issued by the courts, recalibration of judicial magistrate etc. are the main reasons of delay of trial. Juvenile’s cases are also pending for several years although these cases require the conclusion of investigation and trial within three and six months respectively. Concrete efforts are therefore necessary to ensure speedy and fair trials.