cpc

right to get speedy trial


Factors to be considered by court while closing prosecution side for evidence considering right of accused to get speedy trial?

 
 ‘Speedy trial’ and ‘fair trial’ to a person accused of a crime are integral part of Article 21.There is, however, qualitative difference between the right to speedy trial and the accused’s right of fair trial. Unlike the accused’s right of fair trial, deprivation of the right to speedy trial does not per se prejudice the accused in defending himself. The right to speedy trial is in its very nature relative. It depends upon diverse circumstances. Each case of delay in conclusion of a criminal trial has to be seen in the facts and circumstances of such case. Mere lapse of several years since the commencement of prosecution by itself may not justify the discontinuance of prosecution or dismissal of indictment. The factors concerning the accused’s right to speedy trial have to be weighed vis-a-vis the impact of the crime on society and the confidence of the people in judicial system. Speedy trial secures rights to an accused but it does not preclude the rights of public justice. The nature and gravity of crime, persons involved, social impact and societal needs must be weighed along with the right of the accused to speedy trial and if the balance tilts in favour of the former the long delay in conclusion of criminal trial should not operate against the continuation of prosecution and if the right of accused in the facts and circumstances of the case and exigencies of situation tilts the balance in his favour, the prosecution may be brought to an end. These principles must apply as well when the appeal court is confronted with the question whether or not retrial of an accused should be ordered.
Supreme Court of India
Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi on 31 August, 2012
Bench: R.M. Lodha, Anil R. Dave, Sudhansu Jyoti Mukhopadhaya
REPORTABLE
Citation;AIR2012SC3860,2012CriLJ4537,192(2012)DLT393, 2012GLH(3)194, 

 

http://www.lawweb.in/2015/11/factors-to-be-considered-by-court-while.html

 
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Management Consultant & Social Reformer

what is reality on ground. These are all pep err.. I mean paper talks
 
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Director

Respected Sirs,

Is there any right to speedy trial to complainant/victim also ? Any Citation.

Thanks with Regards,

 
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Management Consultant & Social Reformer

No rights. Every one has right to speedy trial so? How every ones trial can be speeded up? Unless judiciary is tripled. Laws are made easy and lawyers control on manipulations in court ,adjournments and delays caused on flimsy grounds are removed. Already CPC was amended with provision for only 3 adjournments. But how many dates are given as adjournments? It is important that conduct of advocates is controlled now .
 
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Advocate

Rightly advised and viewed by expert Mr. Rajendra Gupta. this is the present situation which needs to be  overhauled.

 
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Director

Respected Sirs,

How, by individual at trial court, ADJ Court, High Court and Supreme Court level.

Thanks with Regards,

 
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Management Consultant & Social Reformer

You mean you want to fight your own case/ Yes you can. In some circumstances your close relative or friend who is wellacquanited with your case can also fight for you as sepcialpower of attorney provided court is satisfied thathe is not doing this in many other cases in other courts like a advocate. Becasue a third person cant  praccie law unless licenced by a Bar council

 
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