Archit Mishra
Symbiosis Law School
Abstract
The right to have a fair trial goes way back. It has developed over thousands of years. In 1215, Magna Carta was a first step in giving all freemen the right to fair trial by jury. This case (Anant Prakash Sinha v. State of Haryana and Ors., AIR 2016 SC 1197) also revolves upon the theme of having a fair trial and the question of prejudice is involved in this case as the particular section which is linked with this case talks about the prejudice being cause to the accused and the Apex court heavily relied upon the precedents which were earlier established by the Hon’ble Supreme court while adjudicating this dispute and settled the position of law which came up in front of this court. The case of Anant Prakash Sinha v. State of Haryana and Ors., AIR 2016 SC 1197 emanates from lodging of an FIR for the offences which are under Section 498A/323/34 of the Indian Penal Code, 1860 (hereinafter referred as IPC) against the husband and the mother-in-law of the complainant alleging cruelty and some dispute related to divorce. Charges were framed against the husband, after charge sheet was filed against him under Sections 498A and 323 of the IPC.
Keywords: Magna Carta, Free trial, dispute resolution, Anant Prakash Sinha v. State of Haryana and Ors., AIR 2016 SC 1197
Preferred Citation