Role Of Amicus Curiae In Criminal Trials
What is Amicus Curiae?
Amicus Curiae means “Friend of the Court.”
An Amicus Curiae is a person, usually a lawyer or an expert, appointed by the court to assist it by offering impartial advice, expertise, or information relevant to the case.
They are not parties to the case but help the court arrive at a just decision.
In criminal trials, their role is especially important when the accused is unrepresented, vulnerable, or when complex legal or factual issues arise.
Why is Amicus Curiae Important in Criminal Trials?
To ensure fair trial and justice, especially when accused persons are poor or illiterate.
To help courts understand complex legal points or facts.
To ensure the court receives objective and independent assistance.
To prevent miscarriage of justice when parties are not able to present proper arguments.
To maintain judicial impartiality and enhance quality of justice delivery.
Legal Basis and Provisions
The Code of Criminal Procedure (CrPC) doesn’t explicitly provide detailed provisions for appointment of amicus curiae, but courts derive this power from their inherent powers to ensure justice.
The Supreme Court and various High Courts routinely appoint amicus curiae under their constitutional authority and rule-making powers.
The Supreme Court Rules and High Court Rules provide procedures for appointment.
Important Case Laws Explaining the Role of Amicus Curiae in Criminal Trials
Case 1: M.H. Hoskot vs. State of Maharashtra (1978)
Facts: The accused was unrepresented and suffered from prolonged detention without proper legal aid.
Legal Issue: Whether the court can appoint an amicus curiae to protect the rights of accused in absence of counsel.
Ruling: The Supreme Court emphasized the court’s duty to ensure fair trial and directed appointment of amicus curiae to assist the accused in such cases.
Significance: Established that courts can and should appoint amicus curiae to assist indigent or unrepresented accused.
Case 2: Tukaram S. Dighole vs. State of Maharashtra (2010)
Facts: The accused in a high-profile case was initially unrepresented.
Legal Issue: Role of amicus curiae in ensuring a fair trial and proper investigation.
Ruling: The Supreme Court appointed an amicus curiae to assist the court in ensuring impartiality and fairness in trial and investigation.
Significance: Highlighted the amicus curiae’s role in safeguarding accused’s rights and maintaining judicial fairness.
Case 3: Sheela Barse vs. Union of India (1986)
Facts: Concerns about conditions of prisoners and denial of legal aid.
Legal Issue: Whether courts can appoint amicus curiae to protect rights of undertrial prisoners.
Ruling: The Supreme Court appointed amicus curiae to report on jail conditions and legal aid facilities.
Significance: Demonstrated amicus curiae’s role in human rights and systemic criminal justice reforms.
Case 4: Rupan Deol Bajaj vs. KPS Gill (1995)
Facts: Sensitive case involving abuse of power by police.
Legal Issue: Need for independent assistance in cases involving state agencies.
Ruling: Court appointed amicus curiae to assist in a fair investigation and trial.
Significance: Reinforced the importance of amicus curiae in complex cases involving state actors.
Case 5: Sheela Barse vs. State of Maharashtra (1990)
Facts: Cases involving rights of women prisoners.
Legal Issue: Role of amicus curiae in protecting rights of vulnerable accused.
Ruling: The court appointed amicus curiae to ensure effective representation of prisoners.
Significance: Strengthened the protection of marginalized accused through amicus assistance.
Case 6: Common Cause vs. Union of India (2018)
Facts: Death penalty cases and delays in execution.
Legal Issue: Whether amicus curiae should be appointed to represent accused in capital punishment cases.
Ruling: The Supreme Court ordered appointment of amicus curiae to ensure accused's interests are protected.
Significance: Recognized amicus curiae as safeguard in death penalty cases.
Summary Table of Cases
| Case | Facts | Legal Issue | Ruling | Significance |
|---|---|---|---|---|
| M.H. Hoskot (1978) | Unrepresented accused | Appointment of amicus curiae | Directed appointment for fair trial | Ensures legal aid through amicus curiae |
| Tukaram Dighole (2010) | High profile case | Role in fair trial | Appointed amicus curiae for impartiality | Protects rights and fairness |
| Sheela Barse (1986) | Prisoners’ rights | Protecting undertrials | Appointed amicus curiae for jail reports | Role in systemic reforms |
| Rupan Deol Bajaj (1995) | Police abuse case | Independent assistance | Amicus appointed for fairness | Guards against state misuse |
| Sheela Barse (1990) | Women prisoners | Protection of vulnerable accused | Amicus appointed | Ensures representation |
| Common Cause (2018) | Death penalty delays | Safeguard for accused | Amicus appointed in capital cases | Protects accused’s rights |
Role and Functions of Amicus Curiae in Criminal Trials
To assist the court on complex legal or factual issues.
To represent the interests of accused who lack proper legal representation.
To provide independent and impartial opinions to aid judicial decision-making.
To ensure protection of constitutional and legal rights of vulnerable persons.
To help prevent miscarriage of justice.
To assist in ensuring fairness and transparency in criminal proceedings.
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