A trial which is fair and proper is contemplation of law.
- Justice should not only be done, but it should appear to be done.
- Treating both parties equal and in a reasonable way
- Lord Sankey: Fairness is the Golden Thread of Justice
Types of Fairness
- Fairness of the Rule
- Procedure and
- Decision i.e. Judgement
Necessary elements of fairness according to Lord Sankey
- Right to know the nature of charges and evidence
- Right to be represented by a lawyer
- Presumption of innocence which incorporates both the right to silence and the burden of proof on the prosecution
- Standard of proof to be applied is proof beyond reasonable doubt.
- Right to public trial in a neutral forum
- Right to cross-examine and test the prosecution evidence
- Right to call evidence and give evidence on the accused's behalf
- Right to appeal
Related Cases / Recent Cases / Case Laws
- Ajay Singh and Another and Etc v State of Chhattisgarh and Another, Criminal Appeal Jurisdiction, Criminal Appeal No. 32-33 OF 2017, Supreme Court of India judgment dated January 6, 2017
- Gajoo Vs State of Uttarakhand, Criminal Appeal No: 1856 OF 2009; Supreme Court Judgement delivered on September 13, 2012
- Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225: Constitutional Bench of Supreme Court has formulated 11 guidelines for Speedy Trial of cases
- Ritesh Tewari and Another v. State of U.P. and Others (2010) 10 SCC 677: "Every trial is voyage of discovery in which truth is the quest"
- Bihar School Examination Board v Subhas Chandra and Others, AIR 1970 SC 1270
- Board of Technical Education, Uttar Pradesh v Dhawan Kumar, AIR 1991 SC 271 dealt with the importance of notice as an essential element of fair hearing.