INTRODUCTION
The right to a free and fair trial is an important aspect of judicial practice and is mentioned in the Constitution of India as one of the basic human rights. It says that each individual, regardless of their situation, should be provided with a process that is clear, impartial, and transparent. This right is subdivided into the rights of protection of life and personal liberty by Article 21, which acknowledges the presumption of innocence, the right to counsel, and the right to present evidence before an impartial court. It is thus the judiciary’s role not to deny or delay justice. This right is rooted in procedural fairness, the right of access to evidence, and equality before the law. Despite all these principles, the system is often challenged by the prolonged processes, overcrowded jails, and minimal legal-aid services. The strengthening of the right to a free trial should be systematically the sole way to make the Indian justice system, which has been shaken, maintain the confidence of citizens.[1]
CONSTITUTIONAL AND LEGAL FRAMEWORK IN INDIA
The constitutional system of India assures the protection of human rights and the right to due process in a legally binding framework.
Article 21
Article 21 has clauses on the right to life and personal liberty, and that no person shall be deprived of his life or personal liberty except according to procedure established by law.[2] Such a norm is the very foundation in the light of which human dignity, privacy, and fair treatment are preserved.
Article 22
Article 22 develops preventive measures against arbitrary arrest and detention. The people who get arrested should be provided with the reason for the arrest and allowed to consult an attorney. Also, no one should be detained without bringing him/her to meet a magistrate within twenty-four hours.[3]
Code of Criminal Procedure (CrPC)
Article 273 (which is identical with CrPC Section 273[4]) governs the disposal of unclaimed property, and Articles 309[5] and 313[6] Deal with the service conditions of those in the government service and the procedure to be followed when a disciplinary measure is necessary against a member of the service. All this will promote fair administration and prevent misuse of powers. These provisions have now been integrated with Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS), which has replaced the CrPC and introduces reforms like strict timelines, Zero FIR, and use of electronic communication to ensure efficiency and fairness.
ROLE OF JUDICIARY
A crucial role of the judiciary in analysing the vein of constitutional provision and protecting substantive rights is the determination of the jurisdiction of constitutional means. The case laws have also broadened the scope of Article 21 to address the rights such as right to livelihood, health, and clean environment over and above the basic right of survival (Maneka Gandhi v. Union of India (1978)[7] And, after it, the ruling of the Supreme Court, according to which any process has to be right, just, and fair. In the case of D. K. Basu v. State of West Bengal (1997)[8]The Court devised guidelines that forbid custodial torture, thereby strengthening the provisions of Article 22.
In a suo motu proceeding, the Supreme Court held that an aide civil of the State is to be equated with the criminal in matters of exploitation, being equally incapable of exercising control over the actions of custodial authorities. The Court has strengthened Article 21, emphasising humane treatment of imprisoned individuals in the Sunil Batra v. Delhi Administration (1978)[9] Case. In these and other rulings, the courts have always entered into a compromise between state power and civil freedom, therefore enforcing the constitutional ideal of justice and fairness.
Such a rigorous constitutional and legal framework protects basic rights and prohibits the destruction of order anywhere in India.
KEY ELEMENTS OF FREE TRIAL IN INDIA
Recognising the constitutional safeguard as phrased by Article 21 of the Constitution of India, a right to a fair and avowed trial is a pertinent aspect that forms part of the justice. The clause asserts that all persons who are accused have a right to dignity and that the State will protect life and liberty by due process. Essential elements of a free trial include:
Presumption of Innocence: Innocence is presumed to all defendants until guilt is proved beyond a reasonable doubt, which acts directly as a burden of the plot on the prosecution.
Independent and Impartial Judiciary: The Judiciary should be independent of the influence of politics or the bureaucracy, as well as personal subjectivity; they should also act impartially.
Right to counsel relationship: The accused has the right to hire a legal representative of his choice. In case of financial incapacitation, the State is bound to offer legal aid.
Public trials: Trials in court ought to be held openly unless there are extraordinary situations that demand secrecy.
Justice Delayed is Justice Denied: Judicial delays are the antithesis of justice; hence, on the part of any given case, the system is supposed to dispose of cases effectively and without successive adjournments.
Prohibition of Double Jeopardy and Self-Incrimination: A person cannot be tried twice on the same crime, and an individual cannot be prohibited from self-incrimination. These elements are supported by both constitutional guarantees and judicial pronouncements.[10]
CHALLENGES AND VIOLATIONS IN PRACTICE
The right to a free trial in India is repeatedly undermined by a set of restrictions, although enshrined in the Constitution. At the top of these is the problem of judicial delay; a case can last years and years, filing away the very premise of timely justice. Such lengthy litigations are detrimental to the accused person, and they destroy the trust of people in the law.[11]
The second issue of serious objection is the lack of quality legal representation, especially for the poor and the disadvantaged. Despite legal aid being a compulsory requirement, its application is, in most cases, not effective, resulting in poor defence.
High-level and politically sensitive cases may distort the impartiality of proceedings, especially by the presence of bias and prejudice within law enforcement agencies or the judiciary.
In addition, custody torture, forced confessions, and an induced trial frustrate the goodness of procedures and violate the principle of innocence.
The inefficiency and unfairness of trials are also caused by the understaffing of the courts, the lack of resources, and the adjournment of cases, which creates delays in most cases.
RECENT DEVELOPMENTS AND REFORMS
India has enacted a full package of reforms in order to make its justice system more effective and ensure the best quality of judicial proceedings. The most noticeable of these projects is the creation of the virtual courts and e-trials by the e-Courts project.[12], which is currently processing online challans and minor cases with a lot of efficiency. An increasingly large number of courts are using video-conference technology to take the statements of witnesses so that the time taken by proceedings is cut and delays in processes are minimised.
There has also been the inauguration of a network of Fast Track Courts (FTSCs)[13] That is aimed at speedy adjudication of sensitive cases like sexual offences, though the norms of how it functions are different in various jurisdictions. The implementation of plea bargaining in some minor controversies is an approach being used to relieve the court dockets as well as to increase the chances of litigants attaining equality.
Further, free legal services have been provided by the National Legal Services Authority (NALSA)[14] By means of two media, i.e, telephones and video conferences, which have an added ability to provide necessary representation to under-trial prisoners and to disadvantaged groups, who have been unable to afford legal counselling.
Collectively, these digital reformers and law reforms will ultimately dream up a justice system that is not only faster but also more equitable and fairer than the one currently in existence in India.
IS A FREE TRIAL A RIGHT OR AN EMPTY PROMISE?
As guaranteed to the people of India within the Constitution, the right to have a trial, which is free and is not to be at the expense of the citizens, is one of the cornerstones of the Indian legal order. However, there is a high percentage of citizens who are unable to exercise this right, mainly the poor and underprivileged citizens, who face major challenges to doing so. Delays in the courts of law, poor infrastructure of legal aid, overcrowded jails, as well as a slow pace of investigation, often make the right an abstraction and not a reality. New reforms like the creation of virtual courts, expansion of plea bargaining, creation of fast-track courts, and the opportunities of legal aid that have come about due to NALSA are trying to deal with these issues; nevertheless, the gap between intentions and reality is quite high. Without a stronger application and broader universality, the constitutional guarantee of the available free trial tends to reduce to wishful thinking, something close to an unmet pledge rather than a right.[15]
CONCLUSION
Free trial is the primary source of support that informs justice in India, but its practicalisation is still hampered to an extent by significant barriers being imposed on its practice. Even though the Constitution and the existing legal system present strong bodily protective mechanisms against abuse, the reality of justice, especially concerning the representatives of disadvantaged social groups, is disproportionate. Slow courts, the scarcity of legal aid, and court congestion are all combined to undermine the system. Recent developments such as virtual courts, the fast-track system, plea bargaining, and the initiatives promoted by NALSA are worthwhile developments, but they are not enough by themselves. Until the civic education process of improving the literacy level of our citizens is continued and closely monitored, the gap between the potential that our institution promises and the experience that our youth receive will continue to grow larger. Free trial requires that every citizen should enjoy fast, fair, and even-handed judging, independent of socioeconomic backgrounds. Public and professional campaigns against such a gap require the combined responsibilities of the government, the judiciary, the legal profession, and civil society.[16] With that kind of commitment still not likely to be brought to reality, the concept of a free trial will remain more of a dream than a reality to a significant section of the Indian population.
Author(s) Name: Azra Razi
References:
[1] Constitution of India 1950, art 21
[2] Ibid
[3] Constitution of India 1950, art 22
[4] Code of Criminal Procedure 1973, s 273
[5] Code of Criminal Procedure 1973, s 309
[6] Code of Criminal Procedure 1973, s 313
[7] Maneka Gandhi v Union of India (1978) 1 SCC 248
[8] D. K. Basu v State of West Bengal AIR 1997 SC 610
[9] Sunil Batra v Delhi Administration (1978) 4 SCC 494
[10] Universal Declaration of Human Rights 1948, art 11(1)
[11] Law Commission of India, ‘Reforms in the Judiciary’ (Report No 230, 2009)
[12] Department of Justice, Government of India, ‘e Courts Mission Mode Project Phase II’ <https://doj.gov.in/division/ecourts/> accessed 6 September 2025
[13] Ministry of Law and Justice, Government of India, ‘Fast Track Special Courts Scheme’ <https://doj.gov.in/fast-track-special-court-ftscs/> accessed 6 September 2025
[14] National Legal Services Authority, (NALSA) < https://nalsa.gov.in/ > accessed 6 September 2025
[15] Commonwealth Human Rights Initiative (CHRI), ‘Fair Trial Manual’ (2nd edn, CHRI 2019) <https://humanrightsinitiative.org/publication/fair-trial-manual-2019> accessed 6 September 2025
[16] Ibid
