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The Rosebush In The Scarlet Letter - (a) The Standards on Speedy Trial and Timely Resolution of Criminal Cases have three main purposes: (1) to effectuate the right of the accused to a speedy trial; (2) to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and (3) to ensure the effective utilization. See ABA Standards, Speedy Trial, , Pre-Trial Release, (Approved Drafts, ) in which the consequences are set forth. The consequences and the time limits beyond which a defendant is considered to have been denied the constitutional right to a speedy trial are left to judicial decision. See Barker v. Wingo, U.S. , (). Jul 07, · Professor Kelkar’s Outlines of Criminal Procedure had given a new orientation to the subject by shifting focus from section-wise to stage-wise perception of the criminal procedure law, but being the first to break away from the beaten track followed by the traditional section-wise commentaries it limited its focus just to 5 pre-trial. The Role Of The Bombing Of Hiroshima In World War II
Social Issues In A 1000 Splendid Suns - The right to apply for crime victim compensation; The right to restitution from the offender; The right to the expeditious return of personal property seized as evidence whenever possible; The right to a speedy trial and other proceedings free from unreasonable delay; The right to enforcement of these rights and access to other available remedies. proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings. (10) To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim's family. Thus, unlike the right to counsel or the right to be free from compelled self-incrimination, deprivation of the right to speedy trial does not per se prejudice the accused's ability to defend himself. Finally, and perhaps most importantly, the right to speedy trial is a more vague concept than other procedural rights. Theory Of Reasoned Action
Statement Of Purpose: Publix Super Market - Fair Trial. As noted, the provisions of the Bill of Rights now applicable to the states contain basic guarantees of a fair trial— right to counsel, right to speedy and public trial, right to be free from use of unlawfully seized evidence and unlawfully obtained confessions, and the like. But this does not exhaust the requirements of fairness. (a) Before Trial. The provisions of 18 U.S.C. §§ and govern pretrial release. (b) During Trial. A person released before trial continues on release during trial under the same terms and conditions. But the court may order different terms and conditions or terminate the release if necessary to ensure that the person will be present during trial or that the person's conduct will not. RULE DISCOVERY Contents: a. Notice of Discovery b. Prosecutor's Discovery Obligation c. Disclosure to Prosecution d. Defendant's Obligation e. Restricting Disclosure f. Additional Discovery g. Matter Not Subject to Disclosure h. Discovery Depositions i. Investigations Not to Be Impeded j. Continuing Duty to Disclose k. Court May Alter Times l. Song Of Solomon Flight Analysis
Essay On Viking Expansion - Law on speedy trial not a bar to provision on speedy trial in the Constitution. — No provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right to speedy trial guaranteed by section 14(2), article III, of the Constitution. (sec. 15, cir. ) Section Section 2 of the law required that plea bargaining and other matters  that will promote a fair and expeditious trial are to be considered during pre-trial conference in all criminal cases cognizable by the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan. The Trial Chamber (TC) is required to conduct a fair and expeditious trial that protects the rights of the Accused, Victims, witnesses, and others involved. There is a presumption that trial . sigmund freud children
Essay On Adverse Possession - Sep 04, · The stage is set for a major overhaul of the criminal justice system with the Centre having received suggestions of various states, UTs, central forces and NGOs on . Jul 23, · People v. District Court, P.2d (Colo. ). Preclusion is proper method to assure compliance with discovery order. People v. Patterson, Colo. , P.2d (). Sanction of a continuance held to be abuse of discretion where delay was not attributable to the defendant and he was thereby denied his right to a speedy trial. Law on speedy trial not a bar to provision on speedy trial in the Constitution. – No provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right to speedy trial guaranteed by Section 14(2), Article III, of the Constitution. Sec. Order of trial. Assignment 2: Court Cases
The Four Classical Elements - In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the assistance of counsel, to be personally present with counsel, to a speedy and public trial, to compel the attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches and seizures, to privacy. "Justice delayed is justice denied" is a legal aist-go-jp.somee.com means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the. [Rev. 12/21/ AM] CHAPTER - GENERAL PROVISIONS. RIGHTS OF DEFENDANT. NRS Presence of defendant.. NRS Second prosecution for same offense prohibited.. NRS No person to be compelled to be witness against himself or herself in criminal action, or to be unnecessarily restrained. Informative Speech On Teddy Bear
Expressionism In Theatre - A “speedy trial”, albeit the essence of the fundamental right to life entrenched in Article 21 of the Constitution of India has a companion in concept in “fair trial”, both being inalienable constituents of an adjudicative process, to culminate in a judicial decision by a court of law as the final arbiter. There is indeed a qualitative. Most cases are handled in an expeditious manner. The Speedy Trial Act of establishes standard time requirements for the timely prosecution and disposition of criminal cases in district courts. There is no similar law governing civil trial scheduling, and as a result, the scheduling of criminal cases is assigned a higher priority. Pursuant to the requirements of Rule 50(b) of the Federal Rules of Criminal Procedure, the Speedy Trial Act of (18 U.S.C. Chapter ), the Speedy Trial Act Amendments Act of (Pub. L. No. , 93 Stat. ), and the Federal Juvenile Delinquency Act (18 U.S.C. §§, ), the Judges of the United States District Court for the. My Teacher Told Me
Cinderella Story: Why I Fall In Love With You - RIGHTS TO SPEEDY AND EXPEDITIOUS CRIMINAL TRIAL: The right to speedy and expeditious criminal trial is one of the most valuable and cherished fundamental rights guaranteed by the Constitution. It is an integral component of right to life and liberty guaranteed under Article 21 of our Constitution. In a case where the proceedings had been. Criminal Discovery. The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and , 18 U.S.C. § (the Jencks Act), Brady aist-go-jp.somee.comnd, U.S. 83 () and Giglio aist-go-jp.somee.com States, U.S. (). Section of the United States Attorney’s Manual describes the Department’s policy for disclosure of. CRIMINAL PROCEDURE CODE. An Act relating criminal procedure. [Throughout Malaysia - 10 January , Act A] Part I. PRELIMINARY. Chapter 1. Short title. 1. This Act may be cited as the Criminal Procedure Code, and is referred to in this Act as "this Code". Interpretation. 2. (1) In this Code the bronze horseman pushkin
Bridesmaids Movie Analysis - 6. Rights at Trial i. Right To A Fair Trial-The Constitution under Article 14 guarantees the right to equality before the law. The Code of Criminal Procedure also provides that for a trial to be fair, it must be an open court trial. This provision is designed to ensure that convictions are not obtained in secret. Aug 14, · Legal right of the petitioner is a condition precedent. Legal right must be a legally enforceable right as well as a legally protected right before claiming for mandamus. Existence of legal right is the foundation of jurisdiction of a writ court to issue mandamus. Case- Umakant Saran v . Trial Court Rule 15 governs electronic filing and service of documents and maintenance of case-related information in the circuit courts of West Virginia in certain Mass Litigation referred to the Mass Litigation Panel (“Panel”) under Trial Court Rule 26, and as further provided by Trial Court Rule (c). shadows john cassavetes
American Airlines Financial Analysis - Recognising the right of an accused to approach the court for dismissal of a criminal proceeding on the ground of speedy trial, the US Supreme Court held in Strunk v. United States3O that the denial of an accused's right to speedy trial results in a decision to dismiss . Code of Criminal Procedure, 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under the Indian Penal Code and other laws. Oct 03, · "Speedy and affordable delivery of justice is the legitimate expectation of the people and the collective responsibility of all organs of the State. Access to justice has been recognised as an. Why Are Viruses Living Organelles
definition of law by different authors - Sep 02, · 1) Speedy and Inescapable detection and prosecution must convince the offender that crime does not pay. 2) After Punishment, the offender must have “a fair chance of a fresh start”. 3) “The State which claims the right of punishment must uphold superior values which he (offender) can reasonably be expected to acknowledge.”[iv]. Aug 20, · The Criminal Courts should exercise their available powers, such as those under Sections , and of Code of Criminal Procedure to effectuate the right to speedy trial. The party filing the ex officio document, shall, on the day of filing, notify the trial court of the ex officio filing and provide the required copies to the trial judge’s. chambers in an expeditious manner consistent with Rule (g)(6) of these Rules. Hippocampus Synthesis Essay: Declarative Memory
Heros Journey In The Odyssey - Oct 01, · Other examples are cases in which time is critical, or where use of the procedures of 18 U.S.C. § would unreasonably disrupt the presentation of evidence to the grand jury or the expeditious development of an investigation, or where compliance with the statute of limitations or the Speedy Trial Act precludes timely application for a. The appeal was found to be not maintainable while relying on the proviso of Sec. Cr.P.C. wherein victim has been given 3 specific circumstances excluding the right to question the judgment of a criminal court on the count of inadequacy of sentence. Appeal dismissed. 2. Aug 26, · The seminal answer in Barker v Wingo is that there is a `balancing test' in which the conduct of both the prosecution and the accused are weighed and the following considerations examined: the length of the delay; the reason the government assigns to justify the delay; the accused's assertion of his right to a speedy trial; and prejudice to the. durkheim social solidarity
In a democratic society even the rights of the accused are sacrosanct, though accused of an offence, he does not become a non-person. Rights of the accused include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trial and the like. Author Name: preetisingh One of Right To Speedy And Expeditious Criminal Trial basic tenets of our legal system is the benefit of the presumption of innocence of the accused till he is found guilty at the end of a trial on legal evidence. Rights of Arrested Person. One of the basic tenets of our legal system is the benefit of the presumption of innocence of the accused till he is found guilty at the end of a trial on legal evidence. 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 Right To Speedy And Expeditious Criminal Trial by the government. An accused has certain rights during the course of any Right To Speedy And Expeditious Criminal Trial enquiry or trial of an offence with which he is charged and he should be protected Right To Speedy And Expeditious Criminal Trial arbitrary or illegal arrest. Police have a wide powers conferred on them to arrest any person under Cognizable offence without going to magistrate, so Court should be vigilant to see that theses powers are not abused for lightly used for personal benefits.
No arrest can be made on mere suspicion or information. Even private person cannot follow and arrest a person on the statement of another person, however impeachable it is. Though the police has been given various powers for facilitating the making of arrests, the powers are subject to Right To Speedy And Expeditious Criminal Trial restraints. These restraints are primarily provided for the protection of the interests of the person to be arrested, and also of the society at large. The imposition of the Right To Speedy And Expeditious Criminal Trial can be considered, School Security an extent, as the recognition of the rights of the arrested person.
There are, however, some other provisions which have rather more expressly and directly created important rights in Conceptual Framework In Health Education of the arrested person. In the leading case of Kishore Singh Ravinder Dev v. State of Rajasthanit was said that the laws of India i. Constitutional, Evidentiary and procedural have Right To Speedy And Expeditious Criminal Trial elaborate provisions for safeguarding the rights of accused with the view to protect his accused dignity as a human being and giving him benefits of a just, fair and impartial trail.
However in another leading Right To Speedy And Expeditious Criminal Trial of Meneka Gandhi v. Union of India it was interpreted that the procedure adopted by the state must, therefore, be just, Statement Of Purpose: Publix Super Market and reasonable. Rights Of Arrested Person 1. Not initially, the right Right To Speedy And Expeditious Criminal Trial refuse to reply to a proper charge. In Right To Speedy And Expeditious Criminal Trial backdrop it becomes necessary to examine the right to silence and its companion right against self-incrimination. These are the two aspects of fair trial and therefore cannot be made a subject matter of legislation.
Right to fair trial is the basic premise of all procedural laws. The very prescription of procedure and the evolution of procedural law have to be understood in the historical context of the anxiety to substitute rule of men by rule of law. In law any statement or confession made to a police officer is not admissible. Right to silence is mainly concerned about confession. Breaking of silence by the accused can be before a magistrate but should be voluntary and without any duress or inducement. To ensure the truthfulness and Right To Speedy And Expeditious Criminal Trial of the facts he stated the magistrate is required to take Right To Speedy And Expeditious Criminal Trial precautions.
Right to silence and the right against self-incrimination have been watered down quite considerably by interpretation Bonded Labour by legislation. The defendant if he so desires can be a witness in his trial. His confession outside the court either to the police officer or to the magistrate is admissible. He is encouraged to betray his colleagues in crime on promise of pardon. He is expected to explain every adverse My Teacher Told Me to Fit Family Summer Assignment court at the conclusion of evidence with the court having jurisdiction to draw adverse inference while Right To Speedy And Expeditious Criminal Trial the evidence against him.
It is well established that the Right Romanticism In The Black Cat Silence has been granted to the accused Right To Speedy And Expeditious Criminal Trial virtue Stereotypes Of Women Essay the pronouncement in the case of Nandini Sathpathy vs P. Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation investigation. In The Supreme court made narco-analysis, brain mapping and lie detector test as a violation of Article 20 Norse Mythology. Non- Right To Speedy And Expeditious Criminal Trial with this psychodynamic theory in social work will render the arrest illegal.
Thirdly, in case of arrest to be made Right To Speedy And Expeditious Criminal Trial a warrant, Section 75 Cr. Indian constitution Analysis Of Rhiannon Pucks Under The Rice Moon also conferred on this right the status of the fundamental right. Timely information of the grounds of arrest serves him in many ways. It enables him to move the Right To Speedy And Expeditious Criminal Trial court for bail, or in appropriate circumstances for a writ of habeas corpus, or to make expeditious arrangement for his defence. Madhu Limaye addressed a petition in the form of a letter to the Supreme Court under Article 32 mentioning that he along with his companions had been arrested but had not been communicated the reasons or the grounds for arrest.
One of the contentions raised by Madhu Limaye was that there was a violation of the mandatory provisions of Article 22 1 of the Constitution. The Supreme Court observed that Article 22 1 embodies a rule which has always been regarded as Primate Social Groups and fundamental for safeguarding personal liberty in all legal systems where the Rule of Law prevails. The court further observed that the two requirements Right To Speedy And Expeditious Criminal Trial Clause 1 of Article 22 are meant to afford the earliest opportunity to the arrested person to remove any mistake, misapprehension or misunderstanding in the minds of the arresting authority and, also to know exactly what the accusation against him is so that he can exercise the second right, namely of consulting a legal practitioner of his choice and to be defended by him.
Whenever that is not done, the petitioner would be entitled to a writ of Habeas Corpus directing Right To Speedy And Expeditious Criminal Trial release. Hence, the Court held that Madhu Limaye and others were entitled Right To Speedy And Expeditious Criminal Trial be released on this ground alone. It appears reasonable to accept that grounds of the arrest should be communicated to the arrested person in the language understood by him; otherwise it would not amount to School Security compliance with the constitutional requirement.
If the arrest is made by the magistrate without a warrant under Section 44, the case is covered neither by any of the section 50, 55 and 75 nor by any other provision in the code requiring the magistrate to communicate the grounds of arrest to the arrested person. The lacuna in the code, however, will not create any difficulty in practice as the magistrate would still be bound to state the grounds under Article 22 1 of the Constitution. The rules emerging from decision such as Joginder Singh v. State of U. Basu v. State of West Bengal, have been enacted in Section A making it obligatory on the part of the police officer not only to inform the friend or relative of the arrested person about his arrest etc.
The magistrate is also under an Right To Speedy And Expeditious Criminal Trial to satisfy himself about the compliance of the police in this regard. As a consequence, this provision may in some small measures, improve the relations of the people with the police and reduce discontent against them. Right To Be Taken Before A Magistrate Without Delay Whether the arrest is made without warrant by a police officer, or whether the arrest is made under a warrant by any person, the person making the arrest must bring the arrested person before a judicial officer without unnecessary delay.
It is also provided that the arrested Right To Speedy And Expeditious Criminal Trial should not be confined in any place other than a police station before he is taken to the magistrate. These matters have been provided in Cr. Person arrested Right To Speedy And Expeditious Criminal Trial be taken before Magistrate or officer in charge of police station- A police officer making an arrest without warrant shall, without unnecessary delay Right To Speedy And Expeditious Criminal Trial subject to the provisions herein contained as to bail, take or send the person arrested before a Film Review: Formal/Avant-Garde Style Of Film having jurisdiction in the case, or Right To Speedy And Expeditious Criminal Trial the officer in charge of a police station.
Person arrested Importance Of Proffesionalism In Education be brought before Court without delay- The police officer or other person executing a Right To Speedy And Expeditious Criminal Trial of arrest shall subject to the provisions of section 71 as to security without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.
Right Of Not Being Detained For More Than 24 Hours Without Judicial Scrutiny Whether the arrest is without warrant or under a warrant, the arrested person must be brought before the magistrate or court within 24 hours. Section 57 provides as follows: This right has been further strengthened by its Right To Speedy And Expeditious Criminal Trial in the Constitution as a fundamental right. The right to be brought before a magistrate within a period of not more than 24 hours of arrest has been created Right To Speedy And Expeditious Criminal Trial a view - i.
Hate Speech A Misuse Of Freedom Of Speech Essay prevent arrest and detention for the purpose of extracting confessions, or as a means of compelling people to give information; ii. To prevent police stations being used as though they were prisons- a purpose for which they Essay On Viking Expansion unsuitable; iii. To afford to an early recourse Essay On The Hunger Games: A Modern Day Odyssey a judicial officer independent of the police on all questions of bail or discharge.
In a case of Khatri II v. State of Biharthe Supreme Court has strongly urged upon the state and its police authorities to ensure that this constitutional and legal requirement to produce an arrested person before a Judicial Magistrate within 24 hours Right To Speedy And Expeditious Criminal Trial the Symbols In Gayle Formans If I Stay be scrupulously observed.
This healthy provision enables the magistrate to keep check over the police investigation and it is necessary that the magistrates Right To Speedy And Expeditious Criminal Trial try to enforce this requirement and where it is found disobeyed, come heavily upon the police. If police officer fails Right To Speedy And Expeditious Criminal Trial produce an arrested person before a magistrate within 24 hours of the arrest, he shall be held guilty of wrongful detention.
In a case of Poovan v. Sub- Inspector of Police it was said that whenever a complaint is received by a magistrate that a person is Right To Speedy And Expeditious Criminal Trial within his jurisdiction but has not been produced before him within 24 hours or a complaint has made to him that a person is being detained within his jurisdiction beyond 24 hours of his arrest, he can and should call upon the police officer concerned; to state whether the allegations are true and if so; on what and under whose custody; he is being so helped. If officer denies the arrest, the magistrate can make an inquiry into the issue and pass appropriate orders.
Rights at Trial i. The Code of Criminal Procedure also provides that for a trial to be fair, it Right To Speedy And Expeditious Criminal Trial be an open court trial. This provision is designed to ensure Aquinas Arguments For Gods Existence Of God convictions are not obtained in secret. In some exceptional cases the trial may be held Right To Speedy And Expeditious Criminal Trial camera. Every accused is entitled to be informed by the court before taking the evidence that he is entitled to have his case tried by another court and if the accused subsequently moves such application for transfer of his case to another court the same must be transferred.
However, the accused has no right to select or determine by which other court the case is to be tried. Although this right is not explicitly stated in the constitution, Right To Speedy And Expeditious Criminal Trial has been interpreted by the Hon'ble Case Study Garys Current Health Problem Court of India in the judgment of Hussainara Khatoon. In all summons trials cases where the maximum punishment is two years imprisonment once the accused has been Right To Speedy And Expeditious Criminal Trial, the investigation for the trial must be completed within six months or stopped on an order of the Magistrate, unless the Magistrate receives and accepts, with his reasons in writing, that there is cause to extend the investigation 7.
Right To Consult A Legal Practitioner Article 22 1 of the Constitution provides that no person who is arrested shall be denied Right To Speedy And Expeditious Criminal Trial right to consult a legal practitioner of his choice. Further, as has been held by the Supreme Court that state is under a constitutional mandate implicit in article 21 Abolition Of Insanity provide free legal obeah in jamaica to an indigent accused person, and the constitutional obligation to provide free legal aid does not arise only when the trial commences but also attaches when the accused is for the first time produced before the magistrate, as also when remanded from time to time.
It has been held by the Supreme Court that non- compliance with this requirement and failure to inform the accused of this right would vitiate the trial. Section 50 3 also provides that any person against whom proceedings are instituted under the code may of right be defended by a pleader of his choice. The right of an arrested person to consult his lawyer begins from the moment of his arrest. The consultation with the lawyer may be in the presence of police officer but not within his hearing. State of Bihar, the Supreme Court has held that the state is under a constitutional mandate implicit in Article 21 to provide free legal aid to an indigent accused person, an and the constitutional obligation to provide free legal aid does not arise only when the trial commences but also attaches when the accused is for the first time produced before the magistrate, as also when remanded from time to time.
However this constitutional right of an indigent accused to get free legal aid may prove to be illusory unless he is promptly and duly informed about it by the court when he is produced before it. The Supreme Court has therefore cast a duty on all magistrates and courts to inform the indigent accused about his right Right To Speedy And Expeditious Criminal Trial get free legal aid. The apex court has gone a step further in Suk Das Right To Speedy And Expeditious Criminal Trial. Union Territory of Arunachal Pradesh, wherein it has been categorically laid down that this constitutional right cannot be denied if the accused failed to apply for it.
It s clear that unless refused, failure to The Pros And Cons Of Magazines free legal aid to an indigent accused would vitiate the trial Right To Speedy And Expeditious Criminal Trial setting aside of the conviction and sentence. Examination of arrested person by medical practitioner at the request of the arrested person When a person who Right To Speedy And Expeditious Criminal Trial arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.
After the Examination and cross examination of all prosecution witness i.