Fair Trial - Definition - Law Dictionary Home Dictionary Definition fair-trial

Definition :

Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).

A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.

Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial, Zahira Habibullah Sheikh v. State of Gujarat, AIR 2006 SC 1367: 2006 (3) SCC 374: 2006 (3) JT 399: 2006 (3) SCALE 104: 2006 (2) Supreme 598: 2006 (2) SLT 527: 2006 (5) SCJ 536: 2006 (4) SCJD 423: 2006 Cr LJ 1694: 2006 (2) SCC (Cr) 8: 2006 (2) Crimes 36 (SC): 2006 (1) JCC 427: 2006 (2) Recent CR 448.

Means a trial in which bias or prejudice for or against the accused , the witness, or the cause which is being tried is eliminated. Fair trial obviously would mean a trial before an impartial judge, a fair prosecutor and an atmosphere of judicial calm, Zahira Habibullah Sheikh v. State of Gujarat, 2006 (3) SCC 374: