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International Journal of
Law
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VOL. 2, ISSUE 1 (2016)
Rights of Accused in Criminal Trial in India and Abroad: A Comparative study
Authors
Dr. K V K Santhy
Abstract

Principles of Justice which the law enforcement officials have to observe are mainly the principles emanating from the Bill of Rights guaranteed to the individuals under the Constitution of the country, the Code of Criminal Procedure and other Statutes which deal with the system of criminal justice. In the previous chapter the discussion covered the application of the provisions of Municipal Law by which the courts adopted the method of Balancing the rights and duties of the individuals as well as the powers and functions of the law enforcement agencies in the sphere of Criminal Justice.

Above all, there is a cluster of rights coming to the individuals under various instruments of the International Human Rights Law. From these rights grow the principles which the law enforcement officials have to observe whenever they perform the duty of enforcing the law and taking such actions as investigating a crime or prosecuting an offender. The message conveyed to the law enforcement officials through these principles is that in case of a conflict between any provision of law which empowers the law enforcement official in any matter and the individuals in the form of Human Rights and for that matter the Principles of Justice, it is the principle of justice will prevail over a certain provision of law which is sought to be implemented by the law enforcement officials. In this paper, the author has attempted to analyze the rights afforded to the accused in many nations, including the US, UK, and others, and to compare the set of rights with those afforded under Indian Criminal Procedure.
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Pages:62-70
How to cite this article:
Dr. K V K Santhy "Rights of Accused in Criminal Trial in India and Abroad: A Comparative study". International Journal of Law, Vol 2, Issue 1, 2016, Pages 62-70
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