Right to Fair Defense: Concept of Disclosure of Criminal Evidence in India

Khushboo Bapna
University of Mumbai Law Academy, India.

Volume II – Issue I, 2020

The Constitution of India guarantees the right of a fair trial to the accused which includes a fair chance to defend. It is the duty of the state to ensure a fair investigation and fair trial to the accused. Our criminal system is besieged with various problems, of them, one of the various forms of prosecutorial and police misconduct includes improper and timely disclosure of the information to the accused and withholding exculpatory evidence. Whether anything should be supplied to the accused beyond the material which the prosecution relies upon has been a subject of debate. The accused is not only entitled to the material which the prosecutor relies upon to prove his guilt but also to the material which could even undermine the prosecution’s case. Unfortunately, in India, there is no statutory framework obligating the prosecutor for the performance of such duty but the prosecution represents the state, and the state must uphold justice and prevent wrongful prosecution. This article is intended to highlight the prevalent process of fair disclosure in our country, the progress made lately and the way forward


 Download Full Paper