Published on : 06 Nov 2025, 2:17 pm 6 min read

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

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