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    Dr. Ram Manohar Lohiya National Law University: Rights of The Accused in The Context of Criminal Jurisprudence in India

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    Naina Chawla
    This document outlines a draft report on the rights of the accused in criminal jurisprudence in India. It aims to establish the rights of the accused under the criminal procedure code and constitution. An overview explains that an accused is presumed innocent until proven guilty and has rights similar to other citizens, except for limitations on liberty according to law. The principal rights discussed are the prohibition against unreasonable searches and seizures, privilege against self-incrimination, right to a fair trial, right to counsel, and prohibition against cruel treatment. The report will be divided into sections on the introduction, development of law, constitutional rights of the accused, rights under the criminal procedure code, and critical analysis.

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    Dr. Ram Manohar Lohiya National Law University: Rights of The Accused in The Context of Criminal Jurisprudence in India

    Uploaded by

    Naina Chawla
    71 views3 pages
    This document outlines a draft report on the rights of the accused in criminal jurisprudence in India. It aims to establish the rights of the accused under the criminal procedure code and constitution. An overview explains that an accused is presumed innocent until proven guilty and has rights similar to other citizens, except for limitations on liberty according to law. The principal rights discussed are the prohibition against unreasonable searches and seizures, privilege against self-incrimination, right to a fair trial, right to counsel, and prohibition against cruel treatment. The report will be divided into sections on the introduction, development of law, constitutional rights of the accused, rights under the criminal procedure code, and critical analysis.

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    This document outlines a draft report on the rights of the accused in criminal jurisprudence in India. It aims to establish the rights of the accused under the criminal procedure code and constitution. An overview explains that an accused is presumed innocent until proven guilty and has rights similar to other citizens, except for limitations on liberty according to law. The principal rights discussed are the prohibition against unreasonable searches and seizures, privilege against self-incrimination, right to a fair trial, right to counsel, and prohibition against cruel treatment. The report will be divided into sections on the introduction, development of law, constitutional rights of the accused, rights under the criminal procedure code, and critical analysis.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views3 pages

    Dr. Ram Manohar Lohiya National Law University: Rights of The Accused in The Context of Criminal Jurisprudence in India

    Uploaded by

    Naina Chawla
    This document outlines a draft report on the rights of the accused in criminal jurisprudence in India. It aims to establish the rights of the accused under the criminal procedure code and constitution. An overview explains that an accused is presumed innocent until proven guilty and has rights similar to other citizens, except for limitations on liberty according to law. The principal rights discussed are the prohibition against unreasonable searches and seizures, privilege against self-incrimination, right to a fair trial, right to counsel, and prohibition against cruel treatment. The report will be divided into sections on the introduction, development of law, constitutional rights of the accused, rights under the criminal procedure code, and critical analysis.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Dr.

    RAM MANOHAR LOHIYA NATIONAL LAW


    UNIVERSITY

    ACADEMIC SESSION:2017-18

    ROUGH DRAFT OF CRIMIAL PROCEDURE CODE

    ON

    RIGHTS OF THE ACCUSED IN THE CONTEXT OF


    CRIMINAL JURISPRUDENCE IN INDIA

    Submitted to Submitted by:

    Dr. PREM KUMAR GAUTAM NAINA CHAWLA

    ASST. PROFESSOR (LAW) B.A LL.B (Hons.)

    DR. RAM MANOHAR LOHIYA 5th SEMESTER

    NATIONAL LAW UNIVERSITY ROLL NO: 88


    AIMS AND OBJECTIVES
    It aims to establish the rights of the accused under the criminal procedure code and
    Constitution of India.Violation of rights and some cases are also discussed.

    OVERVIEW
    An accused cannot have similar footing with the convicted person. In the Bill of Rights
    Ordinance, 1991 affirms that every accused has a right to be presumed innocent until his guilt
    is proved. Thus, the accused person has every right like other citizen of the country except his
    curtailment of person liberty in conformity with laws. The basic difference is that an
    accusation has been made against the accused person for violation of law or offence prevalent
    in the country. The rights of the accused person are of much concern today. Belatedly though,
    it has been observed the blatant and flagrant violation of their rights in different stages. The
    implication of Article 21 of the Constitution of India is that a person could be deprived of his
    life or personal liberty only in accordance with procedure established by law. As per Article
    22 of Constitution of India, a person who is arrested for whatever reason gets three
    independent rights. The accused in India are afforded certain rights, the most basic of which
    are found in the Indian Constitution. The general theory behind these rights is that the
    government has enormous resources available to it for the prosecution of individuals, and
    individuals therefore are entitled to some protection from misuse of those powers by the
    government. Most of the rights discussed below have been developed through many years of
    case law and as a result some of the rules have become quite complex.

    This section should be viewed as an overview of the most significant rights of the accused.

    The principal rights discussed in this section are as follows:

     The prohibition against unreasonable searches and seizures.


     The privilege against compulsory self-incrimination.
     The right to a fair and speedy trial.
     The right to the assistance of counsel.
     The prohibition against cruel and ill treatmen
    TENTATIVE CHAPTERIZATION
     INTRODUCTION

     DEVELOPMENT OF LAW

     RIGHTS OF ACCUSED UNDER CONSTITUTION OF INDIA

     RIGHTS OF ACCUSED UNDER THE CRIMINAL PROCEDURE CODE

     CRITICAL ANALYSIS

    REFERENCES
     http://www.legalservicesindia.com/article/article/legal-protection-available-to-the-
    accused-during-a-criminal-trial-1524-1.html

     http://indianlaws.blogspot.in/2012/09/rights-of-accused-under-indian-laws.html

     https://lawlex.org/lex-bulletin/rights-of-arrested-person/4320

     http://defensewiki.ibj.org/index.php/India_Criminal_Defense_Manual_-
    _Rights_of_the_Accused_and_Exceptional_Circumstances

     http://www.grkarelawlibrary.yolasite.com/resources/LLM-Const-1-Subas.pdf

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