Speedy Trial: A Constitutional Point of View

  • Gauri Gupta
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  • Gauri Gupta

    Student at Law College Dehradun, Uttaranchal University, India

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There is a serious case concerning the legal and judicial system's defective condition which is solely responsible for the notorious delay in disposing of cases due to this gross refusal to give justice to under-trial prisoners in India. This paper examines past judgments by the Supreme Court of Indian Affairs and attempts to analyse how the American judiciary has been able to deal with the problem in order to speed up the proceedings. Speedy trials are the essence of criminal justice and there can be no doubt that delay is a denial of justice by itself. Any delay in a system of every kind leads to the failure of the justice system and this problem is certainly a gross victim of India. The very foundation of the Jurisprudence Criminal Proceedings would certainly be undermined if corrections are not taken with alacrity. Justice must be done, as they say, as well as appearing to have taken place. When the rights of any person are infringed, he mainly pronounces a sentence "I'm going to see you in court." It shows faith in the judicial system by individuals. However, one of the main problems of the judicial administration is the problem of delay in the disposal of cases pending in the Court, even though this has been with us for a long time. In some states, it is reported that a few sub-proceedings spent more time in prisons than was provided for the maximum prison term. This sort of troubling situation hasn't been overlooked. Critical observation has been made by the mass media and the high judiciary regarding cases which have come to light. The provisions on speedy justice referred to in the Indian Constitution are discussed here.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1555 - 1567

DOI: https://doij.org/10.10000/IJLMH.111413

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