Basic concept of Speedy trial in indian Constitution

 The concept of speedy trial  ensures that accused persons are tried for alleged offenses within a reasonable time without undue delay. 

Constitutional Foundation

The right to speedy trial is not explicitly mentioned in the Indian Constitution but has been recognized as an essential component of Article 21, which guarantees the right to life and personal liberty. The Supreme Court has established that this constitutional provision encompasses the right to a speedy trial, making it a fundamental right protected under the Constitution.

• Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979)

This pivotal case established that the right to speedy trial is closely tied to Article 21. The Supreme Court held that "no procedure which does not ensure a reasonably quick trial can not  be regarded as 'reasonable, fair or just' and it would fall foul of Article 21". 

Abdul Rehman Antulay v. R.S. Nayak

A constitutional bench reaffirmed that the right to speedy trial is an integral part of fair, just, and reasonable procedure under Article 21, establishing that it is the right of the accused, not merely a procedural safeguard.

Factors for Determining Violation

The Supreme Court has established specific criteria to assess whether an accused person's right to speedy trial has been violated:

• Length of delay and whether it is justified

• Justification for the delay, including systemic issues such as backlog and complexity of cases

• The accused's assertion of the right and their efforts to seek an expeditious trial

• Prejudice caused to the accused, including prolonged incarceration, mental distress, and difficulties in defense due to loss of evidence or witnesses

Legal Framework Supporting Speedy Trial

Criminal Procedure Code:

• Section 309 of CrPC requires that criminal trials be conducted as expeditiously as possible and empowers courts to make orders preventing delays and expediting trials

Civil Procedure Code:

• Order 17 Rule 1 of CPC limits adjournments to no more than three times during the hearing of a suit

Balance with Fair Trial

The Constitution requires that a speedy trial must also be a fair trial. The legal system must maintain equilibrium between efficiency and fairness, ensuring that neither excessive delay nor undue haste compromises the quality of justice. This balance protects the rights of both the accused and victims while maintaining the integrity of the judicial process.

Print Page