Rights Of Accused Under Bnss
The rights of the accused are fundamental protections guaranteed to any person accused of a crime, ensuring fairness, justice, and the prevention of abuse of the criminal justice system. The Bharatiya Nyaya Sanhita (BNS), 2023 continues to uphold these rights, building upon constitutional guarantees and past judicial interpretations.
Key Rights of the Accused Under BNS and Related Principles
Right to be informed of the charges (Principle of audi alteram partem — “hear the other side”)
Right to legal representation (legal aid if indigent)
Right to a fair and speedy trial
Right against self-incrimination
Right to be presumed innocent until proven guilty
Right to cross-examine prosecution witnesses
Right to be released on bail (except in specific serious offences)
Right to protection from torture or cruel, inhuman treatment
🔹 Detailed Case Laws on Rights of the Accused (with explanations)
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
Facts: Maneka Gandhi’s passport was impounded without being given a chance to be heard.
Issue: Whether the procedure of depriving a fundamental right was fair and reasonable.
Judgment: Supreme Court held that the right to personal liberty under Article 21 includes the right to a fair procedure, and any procedure must be just, fair, and reasonable.
Significance: Expanded the scope of due process, ensuring accused persons receive fair procedures before deprivation of liberty.
2. Kartar Singh v. State of Punjab, AIR 1994 SC 1853
Facts: The accused challenged the constitutionality of preventive detention laws.
Issue: Whether preventive detention violates fundamental rights of the accused.
Judgment: The Court held that procedural safeguards and safeguards against arbitrariness are essential to protect accused persons.
Significance: Reaffirmed the necessity of protecting individual liberty even in the face of preventive detention.
3. State of Rajasthan v. Balchand, AIR 1977 SC 2447
Facts: The accused alleged violation of his right to be informed of charges and to be defended.
Issue: Whether the accused’s right to know charges before trial is protected.
Judgment: The Court emphasized the right of the accused to be informed of the exact charges against him in a language he understands.
Significance: Fundamental right to a fair trial includes precise information about charges.
4. Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025
Facts: The accused was compelled to answer questions during police interrogation.
Issue: Whether the accused has the right to remain silent and not self-incriminate.
Judgment: The Supreme Court held that the right against self-incrimination is a constitutional right under Article 20(3).
Significance: Established the principle that the accused cannot be forced to answer questions or confess guilt.
5. DK Basu v. State of West Bengal, AIR 1997 SC 610
Facts: There were instances of custodial deaths and police torture.
Issue: Rights of arrested persons against custodial violence.
Judgment: Supreme Court laid down detailed guidelines for police conduct during arrest, including the right to inform a relative, medical examination, and prevention of torture.
Significance: Strengthened protection of accused persons from abuse and custodial torture.
6. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369
Facts: Many undertrial prisoners languished in jail without trial.
Issue: Right to speedy trial.
Judgment: The Court declared the right to a speedy trial is part of the fundamental right to life and liberty under Article 21.
Significance: Emphasized the state’s obligation to conduct trials without unreasonable delay.
7. Bachan Singh v. State of Punjab, AIR 1980 SC 898
Facts: Case dealing with death penalty.
Issue: Whether the death penalty violates fundamental rights.
Judgment: The Court held that death penalty is constitutional but should be imposed only in the “rarest of rare” cases, ensuring protection from arbitrary capital punishment.
Significance: Right to life is protected, but capital punishment can be used sparingly under strict judicial guidelines.
🔹 Summary Table of Rights and Corresponding Case Laws
| Right of the Accused | Case Law | Legal Principle |
|---|---|---|
| Right to fair procedure/due process | Maneka Gandhi v. Union of India | Fair, just, and reasonable procedure under Article 21 |
| Protection from arbitrary detention | Kartar Singh v. Punjab | Safeguards against arbitrary preventive detention |
| Right to be informed of charges | State of Rajasthan v. Balchand | Right to know exact charges in understandable language |
| Right against self-incrimination | Nandini Satpathy v. P.L. Dani | Cannot be compelled to self-incriminate under Article 20(3) |
| Protection from custodial torture | DK Basu v. State of West Bengal | Guidelines against torture, right to inform relatives |
| Right to speedy trial | Hussainara Khatoon v. Bihar | Right to speedy trial under Article 21 |
| Protection from arbitrary death penalty | Bachan Singh v. Punjab | Death penalty only in rarest of rare cases |
🔹 Conclusion
The BNS, 2023 continues to affirm and protect the rights of the accused, embedding them firmly within the framework of constitutional guarantees. Courts have played a pivotal role in expanding and safeguarding these rights to prevent miscarriages of justice and uphold the rule of law.
Rights such as the right to a fair trial, protection against self-incrimination, timely justice, and protection from torture are essential pillars of the criminal justice system.
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