Right to Speedy Trial in India: A Critical Examination of Legal and Practical Obstacles

  • Gazala Gul and Dr. Iftikhar Hussain Bhat
  • Show Author Details
  • Gazala Gul

    Research Scholar at School of Law, University of Kashmir, India

  • Dr. Iftikhar Hussain Bhat

    Assistant Professor at School of Law, University of Kashmir, India

  • img Download Full Paper


In order to maintain the values of justice and equity, prompt trials are essential in every jurisdiction. In a just and effective legal system, the significance of prompt trials cannot be emphasized. Cases must be resolved quickly to guarantee that justice is administered without unnecessary delay, which may be harmful to the parties concerned. Both the accused and the victims may have financial difficulties, emotional discomfort, and uncertainty as a result of protracted judicial proceedings. Furthermore, while memories fade and tangible evidence might be misplaced or altered over time, prompt trials aid in maintaining the integrity of the evidence and testimony. Furthermore, prompt trials preserve the fundamental right to a speedy trial, which is protected by the Constitution in many nations, and they lessen the backlog of cases in the legal system, enabling more efficient resource management and an efficient justice system.By ensuring timely adjudication, the judiciary not only upholds the principles of fairness and justice but also acts as a deterrent against prolonged pretrial detention and potential abuses of power. Thus, guaranteeing speedy trials is essential for maintaining the rule of law and preserving the rights and dignity of individuals within the legal system. Additionally, speedy trials improve the correctness of court decisions by preventing the deterioration of witness testimony and evidence. The assumption of innocence and people's fundamental rights are safeguarded by the right to a prompt trial, which also acts as a deterrent against extended pretrial detention.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2971 - 2993

DOI: https://doij.org/10.10000/IJLMH.117776

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021