• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Legal News
  • The Rights of Criminals in India: Upholding Justice and Human Dignity

Latest News

Back

The Rights of Criminals in India: Upholding Justice and Human Dignity

Courtesy/By: Harshita Kumari  |  30 Jun 2023     Views:347

Introduction: In any democratic society, the principles of justice and human rights form the bedrock of a fair legal system. India, as the world's largest democracy, is no exception. The Indian legal framework is designed to protect the rights of every individual, including those accused of criminal offenses. While it is essential to safeguard the interests of victims and maintain social order, it is equally important to ensure that the rights of criminals are respected, providing them a fair chance to defend themselves and upholding their human dignity. This article aims to delve into the rights of criminals in India and shed light on the legal safeguards in place to protect these rights.

Presumption of Innocence: The fundamental principle of "innocent until proven guilty" is the cornerstone of the criminal justice system in India. Under Article 21 of the Indian Constitution, every person is presumed to be innocent until proven guilty in a court of law. This presumption serves as a vital protection for the accused and ensures that they are not prejudged or treated as criminals until a fair trial establishes their guilt beyond reasonable doubt.

Right to Legal Representation: One of the fundamental rights guaranteed to all individuals, including criminals, is the right to legal representation. Article 22(1) of the Indian Constitution provides that every person has the right to be defended by a legal practitioner of their choice. If an accused person cannot afford legal representation, the state is obligated to provide free legal aid through the Legal Services Authorities Act of 1987. This ensures that even the most marginalized individuals have access to legal counsel and a fair chance to defend themselves.

Protection against Self-Incrimination: The right against self-incrimination is another crucial protection available to criminals in India. Article 20(3) of the Indian Constitution guarantees that no person accused of an offense shall be compelled to be a witness against themselves. This principle ensures that an accused individual cannot be forced to confess or provide evidence that could incriminate them.

Right to a Speedy and Fair Trial: The right to a speedy and fair trial is inherent to the principles of justice and fairness. Under Article 21 of the Indian Constitution, every person has the right to a speedy trial by a competent court. The Criminal Procedure Code (CrPC) of India also lays down provisions to expedite the trial process, prevent unnecessary delays, and ensure justice is delivered in a timely manner.

Protection against Double Jeopardy: The principle of double jeopardy prevents an individual from being prosecuted or punished twice for the same offense. Article 20(2) of the Indian Constitution enshrines this protection, stating that no person shall be prosecuted and punished for the same offense more than once. This principle is essential in safeguarding the rights of criminals and preventing abuse of the legal system.

Right to Appeal and Review: In case of an adverse verdict, an accused person has the right to appeal the decision before a higher court. The right to appeal is a significant safeguard to rectify any errors or injustices that may have occurred during the trial. The appellate courts have the power to review the evidence, legal proceedings, and ensure that justice has been served.

Protection against Cruel and Unusual Punishment: The Constitution of India prohibits the infliction of cruel and unusual punishment under Article 21. This protection guarantees that criminals, even those convicted of heinous offenses, are not subjected to inhuman or degrading treatment. The courts in India are guided by this principle while determining appropriate punishments, ensuring that the dignity of the accused is maintained.

Conclusion: The rights of criminals in India are an integral part of the country's legal system. Upholding these rights is not only essential for the fair administration of justice but also reflects the values of a democratic society committed to protecting human rights. By guaranteeing the presumption of innocence, the right to legal representation, protection against self-incrimination, a speedy and fair trial, and other fundamental rights, India ensures that individuals accused of criminal offenses are treated with dignity and granted the opportunity to defend themselves. By striking a balance between the rights of criminals and the interests of victims, India strives to maintain a just and equitable society.


Courtesy/By: Harshita Kumari  |  30 Jun 2023     Views:347

News Updates

Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:704
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:668
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:534
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:628
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:691
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:600
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:355
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:441
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:347
Exploring the Differences between the US and India...
29 Jun 2023     Views:329
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:483
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:350
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:379
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:347
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:374
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:339
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:348
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:344
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:363
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:404
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:421
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:412
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:818
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:475
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:432
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:2684
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:384
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:560
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:369
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:392
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:424
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:360
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:462
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:397
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:472
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:568
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:885
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:2458
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:364
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:400
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:734
ADR mechanism of legal adjudication in India...
15 May 2023     Views:296
Validity of foreign arbitral award in India throug...
14 May 2023     Views:390
Scope of Section 151 CPC...
13 May 2023     Views:1212
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:716
Scope of Decree under CPC...
10 May 2023     Views:589
Legal development of Arbitration Laws in India....
09 May 2023     Views:560
Arbitration Laws in India...
07 May 2023     Views:470
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:370
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:581
Same-Sex Marriage in India...
30 Apr 2023     Views:466
National Commission for Women...
27 Apr 2023     Views:398
Law making process of India....
26 Apr 2023     Views:701
Bail Provisions in India...
25 Apr 2023     Views:430
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:344
Contempt of Court...
23 Apr 2023     Views:509
The collegium system of Judiciary in India....
22 Apr 2023     Views:390
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:382
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:366
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:1195
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:1009
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:516
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:391
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:553
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:348
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:412
Law should take into consideration realities of co...
10 Apr 2023     Views:399
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:543
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:985
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:823
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:1198
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:700
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:779
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:1003
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:923
Supreme Court sends a notice about a petition for ...
09 Jan 2023     Views:996
The Meghalaya High Court's hold on the MoU definin...
08 Jan 2023     Views:998
Google's appeal of the ?1,337 crore fine from the ...
04 Jan 2023     Views:406
SC Issues Notice In A Batch Of Pleas Challenging T...
03 Jan 2023     Views:525
The Supreme Court rejects appeals against the 2016...
02 Jan 2023     Views:515
Chanda Kochhar and her husband Deepak Kochhar rema...
01 Jan 2023     Views:594
Gender Discrimination in intestate succession unde...
29 Dec 2022     Views:871
Section 300 CrPC BarTrial of a Person Not Only for...
29 Dec 2022     Views:752
Centre Informs Rajya Sabha That There Is No Propos...
28 Dec 2022     Views:528
Calcutta High Court: Depriving wife of her Stridha...
27 Dec 2022     Views:741
Sec 498A: An Apology should be tempered with genui...
24 Dec 2022     Views:525
Kerala High Court: Search engines like Google cann...
23 Dec 2022     Views:661
Rules of the Game Cannot be Changed After the Game...
23 Dec 2022     Views:3097
Bombay High Court: Social Media has become an impo...
21 Dec 2022     Views:647
Calcutta High Court Grants Bail to Murder Accused ...
19 Dec 2022     Views:599
Sec 438 CrPC: Anticipatory Bail Plea is Not Mainta...
19 Dec 2022     Views:1005
Rights of secured creditors under SARFAESI, Recove...
18 Dec 2022     Views:501
Can a man accuse his wife of domestic violence? De...
17 Dec 2022     Views:893
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
15 Dec 2022     Views:973
Guardianship of an illegitimate minor granted to h...
14 Dec 2022     Views:510
Under the POCSO Act, rehabilitation of the victim ...
14 Dec 2022     Views:525
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
13 Dec 2022     Views:1376
The current collegium system shouldn't be abandone...
10 Dec 2022     Views:533
Framing of a uniform marriage code applicable to a...
09 Dec 2022     Views:780
Telangana High Court: Appropriation of a Decree of...
07 Dec 2022     Views:567
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:90919
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:64702
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:64295
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:63794
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:52254
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

Allow Cookies!

By using our website, you agree to the use of cookies

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1127 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.