Difference between revisions of "India Criminal Defense Manual - Rights of the Accused and Exceptional Circumstances"

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Any miscarriage of justice that demonstrates prejudice to the accused is a potential ground of reversal of the trial on appeal.<ref>State of Punjab v. Baldev Singh , (1999) 6 SCC 172 , at page 206</ref>  However, any mistake which does not jeopardize the fundamental fairness of the trial is not grounds for reversal on appeal.  By way of  example, if a case which should have been tried as a warrant case is tried as a summons case (where the standards for recording of evidence are lower) there would be grounds for reversal, but the same would not be true in reverse.  It the best practice to bring up irregularities as soon as possible during the case, rather than to present them on appeal. However, an appeal cannot be thrown out only because irregularities were not brought up during the original trial. Finally, a strong case for reversal on appeal would be if police discounted evidence which could have helped exonerate the accused.<ref>Pursottam  Jathanand v. State of Kutch,  AIR  1954 SC 700</ref> A full list of irregularities which do or do not overturn a trial on appeal are listed in the Cr.P.C.<ref>Section 460-466 Chapter XXXV of the Criminal Procedure Code</ref>
 
Any miscarriage of justice that demonstrates prejudice to the accused is a potential ground of reversal of the trial on appeal.<ref>State of Punjab v. Baldev Singh , (1999) 6 SCC 172 , at page 206</ref>  However, any mistake which does not jeopardize the fundamental fairness of the trial is not grounds for reversal on appeal.  By way of  example, if a case which should have been tried as a warrant case is tried as a summons case (where the standards for recording of evidence are lower) there would be grounds for reversal, but the same would not be true in reverse.  It the best practice to bring up irregularities as soon as possible during the case, rather than to present them on appeal. However, an appeal cannot be thrown out only because irregularities were not brought up during the original trial. Finally, a strong case for reversal on appeal would be if police discounted evidence which could have helped exonerate the accused.<ref>Pursottam  Jathanand v. State of Kutch,  AIR  1954 SC 700</ref> A full list of irregularities which do or do not overturn a trial on appeal are listed in the Cr.P.C.<ref>Section 460-466 Chapter XXXV of the Criminal Procedure Code</ref>
  
If it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing an arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.<ref> Section 358 of the Criminal Procedure Code, 1973</ref> Criminal charges may also be filed on the police for wrongful confinement.  
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If it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing an arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.<ref> Section 358 of the Criminal Procedure Code, 1973</ref> Criminal charges may also be filed on the police for wrongful confinement.
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See [[India | India Criminal Defense Manual]]
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== References ==
 
== References ==
  
 
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Revision as of 13:02, 14 June 2010