Accused person - Accused is a person against whom an allegation has been made, a person who is charged with an offence.

Trial - Trial has not been defined in the code of criminal procedure 1973. Dictionary meaning of trial is the examination in a court of law by judge or jury, of the issue presented in the due course of the procedure.

Rights of the accused person at a Trial -


                  According to Section 4 of The Criminal Procedure Code 1973, all offences under the Indian penal code 1860 shall be investigated inquired into tried and otherwise dealt with according to the provision contained in the code of criminal procedure. The fairness of a criminal trial is based on human rights.

There are certain rights of the accused person which are as follows...

1) Right of accused to know - 


    The accused person has a right to be informed of the accusations against him to make preparations for his defence. According to Section 228, 240, 246 and 251 of the code of Criminal Procedure 1973 when an accused person is brought before the court for trial, the offence of which he is accused shall be stated to him.

2) Right of accused to be tried in his presence - 


               The trial should be in the personal presence of the accused to enable him to understand properly the prosecution case as it is unfolded in the court. The Magistrate trying the case as per section 205(2) of the Code of Criminal Procedure may in his direction at any stage of the proceedings, direct the personal attendance of the accused and if necessary enforce such attendance in the manner provided in the Code. However according to Section 205(1) of the Code, whenever a magistrate issue a summons he may if he sees reason so to do dispense with the personal attendance of the accused and permits him to appear by his pleader.


Section 205 of the code of criminal procedure run as follows -

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of’ the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of’ the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

3) Right of taking evidence in the presence of accused - 


              According to Section 273 of the Code of Criminal Procedure 1973 except as otherwise expressly provided, all evidence taken in the court of the trial or other proceedings shall be taken in the presence of the accused or when heat personal attendance is dispensed with, in the presence of his pleader.

            Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.".


Explanation.— 
   
        In this section, ―accused‖ includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.

           According to Section 278 (1) of the Code of Criminal Procedure 1973 as the evidence of’ each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. According to Section 279(1) of the Code of Criminal Procedure, 1973, whenever any evidence is given in a language not understood by the accused, and he is present in court in person, it shall be interpreted to him in open court in a language understood by him.


If the accused person is of unsound mind and unable to understand thing proceedings the court should follow special provisions of section 328 to 339 to deal with such a situation.

According to Section 318 of the code of criminal procedure if the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.



4) Right to cross-examine prosecution witness - 


                   According to Section 244 of the Code of Criminal Procedure, the magistrate may in his direction give the accused an opportunity to cross-examine the prosecution witnesses if they should so desire even though the charge may not be framed but the accused cannot claim as of right to cross-examine until the charge has been framed. According to Section 246 of the code of criminal procedure, the accused person has the right of recalling and cross-examine the witness for the prosecution after the charge is framed.

5) Right of accused to offer evidence in defence -


According to Section 243 of the Code of Criminal Procedure 1973 -

  Evidence for defence

(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court.

      As per Section 247 of the Code, The Accused shall be called upon to enter upon which defence and produce his evidence.  The accused has the right to produce evidence in defence though the burden of proving the guilt is entirely on the prosecution and though the law does not require the accused to lead evidence to prove his innocence.

6) Right to a speedy trial - 



 Speedy trial is an essential ingredient of reasonable fair and just procedure guaranteed by Article 21 of the Indian Constitution. The accused has a right of a speedy trial and it is the constitutional obligation of the State to ensure your speedy trial to the accused.


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