Wrongful Prosecution And Fair Disclosure: An Ominous Ignominy
- Eilin Maria Baiju, GNLU, Gandhinagar
- September 25, 2020
Content :
Incidents of wrongful prosecution are not a new scenario in our country. Failure of the principle of fair disclosure by the prosecution has been under limelight for years now. The absence of provisions for regulating and mandating fair disclosure to prove the innocence of the accused, thereby not providing a fair opportunity for the person is not only a violation of principles of natural justice but has also became a stain on the face of Indian Criminal Justice System. This paper seeks to discuss in detail about non-disclosure, malicious prosecution and how such instances have tarnished our system and how accused gets drawn to the vicious cycle of being framed guilty. This paper also seeks to compare how is Indian Criminal System Different from the American Legal System and how much the difference in mechanism is affecting the path of truth and justice with special references to important landmark judgments. The article also seeks to initiate a discussion on the right to defend oneself against the case charged against him/her and the right for fair disclosure. It also emphasis on the right of the defendant against self-incrimination as suggested in ECHR and other international conventions. Towards the end the author also seeks to propose certain amendments to the existing codes as a matter of personal opinion purely on the basis of legal and humanitarian grounds.
