Manuscript Number : SHISRRJ1818919

Right to Speedy Trial and Compensation

Authors(1) :-Dr. Krishna Kant Dwivedi

The right to a speedy trial is a fundamental aspect of justice enshrined in many legal systems, emphasizing the necessity of prompt adjudication to prevent prolonged uncertainty, detention, or hardship for the accused. This right serves as a safeguard against undue delays that can erode the effectiveness of justice, protect the dignity of individuals, and uphold public confidence in the legal system. Equally, the provision for compensation in cases where this right is violated acts as a corrective mechanism, ensuring accountability and providing redress for the damages suffered due to delays. This paper explores the legal framework, judicial interpretations, and practical implications of the right to a speedy trial and the corresponding compensation for violations. It examines global standards, highlights challenges in implementation, and proposes reforms to strike a balance between efficiency and fairness in judicial processes.

Authors and Affiliations

Dr. Krishna Kant Dwivedi
Assistant Professor, Law, Gautam Buddha University, Greater Noida, Uttar Pradesh, India

Right to Speedy Trial, Compensation, Access to Justice, Due Process.

  1. "Constitutional Law of India" by H.M. Seervai
  2. "Judicial Review of Fundamental Rights" by V.N. Shukla
  3. International Covenant on Civil and Political Rights (ICCPR), Article 14(3)(c)
  4. Universal Declaration of Human Rights (UDHR), Article 10
  5. State of Maharashtra vs. Ravi Kant S. Patil (1991)2 SCC 373.
  6. People’s Union for civil Liberties vs. Union of India AIR 1997 SC 1203.
  7. Jilbati Behera vs. State of Orissa (1993)2 SCC 746.
  8. Delhi Domestic working Women’s Forum vs. Union of India (1995)1 SCC 14
  9.  Chairman, Railway Board vs. Chandrima Das AIR 2000 SC 988.
  10. Hussainara Khatoon vs. State of Bihar AIR 1979 SC 1369.
  11. National Judicial Data Grid (NJDG)
  12. 77thLaw CommissionReport on "Delay and Arrears in Trial Courts"
  13. 221st Law Commission Report on "Speedy Justice - Some Suggestions."

Publication Details

Published in : Volume 1 | Issue 1 | January-February 2018
Date of Publication : 2018-02-28
License:  This work is licensed under a Creative Commons Attribution 4.0 International License.
Page(s) : 231-241
Manuscript Number : SHISRRJ1818919
Publisher : Shauryam Research Institute

ISSN : 2581-6306

Cite This Article :

Dr. Krishna Kant Dwivedi, "Right to Speedy Trial and Compensation ", Shodhshauryam, International Scientific Refereed Research Journal (SHISRRJ), ISSN : 2581-6306, Volume 1, Issue 1, pp.231-241, January-February.2018
URL : https://shisrrj.com/SHISRRJ1818919

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