Right To Speedy Trial Under Article 21 Of the Indian Constitution: A Critical Analysis of the Bhartiya Nagarik Suraksha Sanhita, 2023

Abstract

Abstract The need of prompt and efficient adjudication is highlighted by the ideas that justice should neither be postponed nor delivered at the expense of fairness. The Indian Constitution's Article 21 guaranties the protection of individual liberty and life[1]. No one may be deprived of their life or personal freedom unless a legally prescribed process is followed. As a fundamental component of the right to life and personal liberty, Article 21 of the Indian Constitution guaranties the right to a prompt trial[2]. One of the most significant problems or challenges is the Indian judiciary. The fair and quick trial is the subject of this investigation. Not just the quick trial. Regarding a fair and prompt trial, there are two well-known Latin maxims. "Justice Delayed is Justice Denied, and Justice Hurried is Justice Burried." The criminal justice system's credibility is contingent not only on the accuracy of the ultimate verdict but also on the process's fairness and acceptable timeliness. These two well-known legal proverbs serve as a reminder that justice must be prompt and equitable. Every person's right to life and personal liberty is guaranteed by Article 21 of the Indian Constitution. According to the Supreme Court, this article encompasses both the right to a fast trial and the right to a fair trial. [1] Article 21 of the Indian Constitution. [2] Hussainara Khatoon v. State of Bihar1980 (1) SCC 98.