Author(s): Alekh Kumar Sahu

Email(s): alekh.ku.sahu@gmail.com

DOI: 10.5958/2454-2679.2018.00007.5   

Address: Dr. Alekh Kumar Sahu
Sr. Asstistant Professior, School of Studies in Law. Pt. Ravishankar Shukla University, Raipur
*Corresponding Author

Published In:   Volume - 6,      Issue - 1,     Year - 2018


ABSTRACT:
The golden rule in the criminal justice is that "it is better that a thousand or even a million guilty persons should escape than that one innocent person should suffer." In as much as the Supreme Court observed "criminal trial is not like a fairly tale wherein one is free to give flight to one's imagination and phantasy. It concerns itself with the question whether the accused arraigned at the trial is guilty of the offence with which he is charged. Crime is an event in real life and is the product of an interplay of different human emotions. The honourable court while dealing with the question of wrong acquittals and convictions observed: The Constitution of India guarantees fundamental rights to the people, some of which are the rights available to all the people whether citizens or not but others are available to the citizens only. These rights are really speaking some of the human rights have constitutional status. The Courts have been zealous to guard these rights. No executive or legislative action can stand in contravention of these rights. Article 21 in this respect can be said as a pioneer of these rights which provides that 'No person shall be deprived of his life or personal liberty except according to procedure established by law’. The interpretation of the term 'procedure established by law' has widened the dimension of Fundamental Right to Life and Personal Liberty so as to be a specific charter of the human rights guaranteed in India. In A.K. Gopalan v. State of Madras,1 the effect of the Supreme Court's view was that a person deprived of his life and personal liberty by the procedure established by the legal provision could not complain the denial of due process as understood in America. The legality of the provisions could not be tested on the ground of due process.


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Cite this article:
Alekh Kumar Sahu. Criminal Justice System in India. Int. J. Ad. Social Sciences. 2018; 6(1):79-86. doi: 10.5958/2454-2679.2018.00007.5


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