CLAT Sample Paper UG-CLAT Mock Test-4 (2020)

  • question_answer
    The conception of truthful trial relies on the essential ideology that State and its agencies have the duty to bring the offenders before the law. In their tussle against transgression and minor crime, State and its officials cannot on any ground ignore the appropriateness of State etiquette and have the possibility to extra-lawful alternatives for the sake of detection of crime and even offenders. The Indian courts have recognized that the first object of criminal procedure is to make sure a good trial of defendant persons. Human life should be valued and a person accused of any offense should not be punished unless he has been given a fair trial and his guilt has been proved in such trial.
    The Supreme Court of India ascertained "“each one has an associate in nursing constitutional right to be treated fairly in a very criminal trial. Denial of a good trial is the maximum amount of injustice to the defendant because it is to the victim and to society. Fair trial clearly would mean an endeavor before Associate in nursing impartial decides, a good functionary and an environment of judicial calm. Fair trial means that an endeavor during which bias or prejudice for or against the defendant, the witness or the cause that is being tried is eliminated.”"
    The right to a good trial may be a basic safeguard to make sure that people square measure shielded from unlawful or whimsical deprivation of their human rights and freedoms, most significantly of the right to liberty and security of person.
    The system adopted by the Criminal Procedure Code, 1973 is that the antagonist system supported the disputant technique. In the adversarial system responsible for the assembly of proof is placed on the prosecution with the decide acting as a neutral referee.
    The Supreme Court has ascertained “"if a tribunal is to be an efficient instrument in dispensing justice, the presiding judge must cease to be a spectator and a mere recording machine. He should become a participant within the trial by evincing intelligent active interest.”"
    The Supreme Court established that if truthful trial envisaged underneath the Code isn'’t imparted to the parties and court has reasons to believe that prosecuting agency or functionary isn’t acting within the requisite manner the court will exercise its power underneath section 311 of the Code or underneath section 165 of the Indian Evidence Act, 1872[ii] to decision sure the fabric witness and procure the relevant documents therefore on subserve the explanation for justice.
    Every criminal trial begins with the presumption of innocence in favor of the defendant. The burden of proving the guilt of the defendant is upon the prosecution and unless it relieves itself of that burden, the courts cannot record a finding of the guilt of the accused.
    Why a good trial is important?

    A) Because judiciary is God when sitting in judgment.

    B) Because human life should be valued and not to be punished before fair tril.

    C) Because the accused person does not have a second chance

    D) Because of the principle of mens rea.

    Correct Answer: B

    Solution :

    (b) The Indian courts have recognized that the first object of criminal procedure is to make sure a good trial of defendant persons. Human life should be valued and a person accused of any offense should, not be punished unless he has been given a fair trial and his guilt has been proved in such trial.


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