The Critical Review on Speedy Trial for the Purpose of Juctice in India
Vol. 3 , Issue 2 (2025) · pp. 37-42
Abstract
The legal executive safeguards the Constitution and the privileges of the residents from inconsistent activities of the council and chief. The legal executive gives an importance to existing arrangement of a rule by deciphering it to resolve the issue for a situation within reach where the concerned regulation has become unessential or is inadequate to meet the requirements of the time. It has often been commented that the legal executive has violated its breaking point and wandered into the area of different organs of the public authority. The right to a speedy trial is a fundamental right that is essential for the administration of justice. In India, this right is implicit in the right to life and personal liberty under Article 21 of the Constitution. The concept of speedy trial is based on the principle that an innocent person should not be harassed by the legal system for an unreasonable period. In the United States, the right to a speedy trial is explicitly guaranteed by the Sixth Amendment of the Constitution and further ensured by the Federal Speedy Trial Act of 1974. In India, there are various provisions in the Criminal Procedure Code, 1973, which ensure speedy trial and an early investigation. These provisions include Section 157(1), which requires every officer in charge of a police station to investigate the facts and circumstances of a case and take measures for the discovery and arrest of the offender. Section 167(2) requires the police to complete the investigation within 24 hours of the arrest and produce the accused before a magistrate. Section 173(1) requires the police to submit a report to the magistrate within 60 days of the arrest. Section 207(1) requires the magistrate to examine the police report and either take cognizance of the offence or discharge the accused. Section 209(1) requires the magistrate to commit the accused to trial if there is sufficient evidence against him.