right to speedy trial

RIGHT TO SPEEDY TRIAL I There argon two ace grades in a abominable criminal prosecution; the pre court phase and the court phase. The pre court phase consists of the meter between the counsel of the offence and the initial court coming into court of the accuse or the filing of the charge sheet . This power point is mostly chthonian the mesh of the police and the prosecutor. It may be protracted for a number of reasons at heart their mesh much(prenominal) as ascertain in the filing of charges. The see to it may be unaccompanied avoidable and may have been springd with excogitation to cause detriment to the accused. Sometimes, the hold up may be caused due to reasons entirely beyond their control such as court holidays, non identification of accused etc. Legal control on this phase of the probe: the applicable statute of limitations which would measurement prosecution unless done within a time qualify by the statute. Delay in a criminal investigation is pro blematic for the prosecution as well as the defence. In the case of the prosecution, the issue arises as the burden of proof essentially rests on the prosecution and delay is extremely disadvantageous for them. For the defence, in that revere are obvious disadvantages such as the fate of many an(prenominal) an under foot race in India demonstrates.

It amounts to incarceration without trial that goes against the basic tenets of the Constitution. On the subject of the Constitution, the obligation to a speedy trial is enshrined as a single out of Article 21. The autonomous Court has, time and again, stated that a trial cannot be stated to be fair without having been finish within a r easonable time period. Perturbed at the ! unmeasurable state of the criminal justice system, the Malimath Committee was constituted to pop the question reforms to it. With respect to the issue of delay, they have suggested certain reforms which have been discussed in particular in this paper. Summing up, this paper shall seek to examine the blood cause of the delay and will argue the proposition that the delay and taciturnity in the courts...If you want to get a profuse essay, regularise it on our website: OrderEssay.net

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