Is the Court Blind to Defense Evidence? The Conflict Between Disclosure, Fair Trial Rights, and BNSS 2023
Is the Court Blind to Defense Evidence? In a democratic functioning of the criminal justice system, society naturally expects a fair procedure for investigation and trial . In fact, Article 21 of the Indian Constitution , which protects the life and personal liberty of every person, envisages the principle of a fair and impartial trial . It is naturally expected that the prosecution upholds principles of fairness from the beginning of a criminal trial. The first stage in a criminal trial is when the accused seeks discharge and the judge has to decide whether to frame charges . At this stage, the judge has to consider whether the evidence at hand shows a sufficient probable cause for the accused to be guilty. For such a consideration to be fair, all material having a bearing on the case should be placed before the court. THE CORE CONFLICT However, in practice, at the stage of disclosure of evidence to an accused, the prosecution is required to present only the material it intends to...