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LoneFighter (IT)     29 August 2014

Important rights of accused in criminal cases

Hi,

I have gone through various posts and i could gather a few important rights a accused can use to fight false cases.

It would be of immense help if revered Experts could express their views on how could accuse weaken a false case as soon as it is charge-sheeted, without having to spend fruitful years of their lives.

Thanks in advance. I have had such a great learning experience here and i am so grateful to everyone on this forum. Great job. 

Thanks



Learning

 4 Replies

LoneFighter (IT)     29 August 2014

Could be classified broadly into categories as below.

  • After FIR filing and before charge-sheet filing
  • After Charge-sheet and before trial 
  • Before trial and during trial. 

T. Kalaiselvan, Advocate (Advocate)     31 August 2014

after filing of charge sheet, the trial will begin, the Pw1, and other prosecution listed witnesses will be examined in chief, and the defence lawyer will be given opportunity to cross examine all the witnesses and then the case will be posted for arguments in which both the sides will elucidate their side strength to somehow win the case.
1 Like

Ashok, Advocate (Lawyer at Delhi)     01 September 2014

In my humble opinion, it is not possible to briefly enumerate the rights of an accused in a general way and also difficult to narrate what can be done to weaken the case against the accused without knowing the specific factual matrix of a case. There are a large number of provisions in Cr.P.C, IPC and Evidence Act which provide several rights to the accused and the same need to be applied and adapted to the factual matrix of a case. In fact, even the Constitution of India, even though it uses abstract language, contains several important rights of an accused, for example, Articles 20, 21, 22 contain some important rights of an accused, or rather a collection of several important rights of an accused.

LoneFighter (IT)     03 September 2014

@Kalaiselvan Sir and Ashok Sir, 

 

Thanks for your replies. I guess the list is really exhaustive. 


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