Right to a Fair Trial vis-a-vis Criminal Justice Administration: A Study of the Provisions in India, South Africa and UK

  • Charvi and Abhisekh Rath
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  • Charvi

    Student at KIIT School of Law, India.

  • Abhisekh Rath

    Student at KIIT School of Law, India.

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Right to fair trial is a facet of Due Process or Natural Justice, which can be significantly traced back to Roman Jurisprudence and in the contemporary times to the Magna Carta. The Right is accessible or has to be made accessible to every individual in both civil and criminal cases. But it has a significant role to play in Criminal Justice Delivery mechanism, as the accused has to fight the whole state machinery trying to prove his guilt. The importance of the same has been so imminent that it has been raised to the pedestal of Fundamental rights. The deprivation of free trial is injustice to the aggrieved as well as to the society, as violation of the same is a looming danger of magnanimous level. A mere glance at the international monitoring organs' jurisprudence depicts that the right to fair trial is often violated in various parts of the world. Right to Fair trial has been adapted in various forms in various countries with more or less the same fundamental structure. The Research paper will critically examine the dynamic legal structure of the international organizations with a specific focus on India, UK and South Africa. The research paper will be dealing with the principle of equality before law which is applicable in both criminal, it will further deal with the principle of presumption of innocence which is of utmost importance in regards to the criminal proceedings. The paper will further discuss the various obstacles which the countries have been facing in order to administer justice. The paper will also specify about the Pre-trial procedure which has a bearing on Fair Trial Principles and trial rights


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1718 - 1742

DOI: https://doij.org/10.10000/IJLMH.113213

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