The Code of Criminal Procedure contained the following provisions to have an independent, impartial and competent judge to conduct the fair trial:
(1) In Indian judiciary system, judiciary in criminal matters has been separated from the Executive by appointing Judiciary Magistrates be appointed by the High Court and the criminal Courts are under the direct supervision and control of the High Court in each State. As the State is the prosecuting party in a criminal trial, the judiciary should be free from executive influence or control. Because of separation, no judge or judicial Magistrate would be in anyway administrative subordination to anyone connected with the prosecution.
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(2) Trial of criminal offences is conducted in an open Court to which the public generally may have access as per Section 327 of the Code of Criminal Procedure. It acts as a check against judicial caprice and creates public confidence in the administration of criminal justice.
(3) The maxim, “nemo debet esse judex in propria causa” (No one should be judge in his own cause) has been presented in Section 479 of the Code. It provides that no judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
(4) As per Section 480 of the Code, no pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
(5) According to Section 352 of the Code, except as provided in Sections 344, 345, 349 and 350 of the Code, no judge of a criminal Court (other than a judge of a High Court) or Magistrate shall try any person for any offence referred to in Section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.
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(6) Section 190(l)(c) of the Code provides that any Magistrate empowered to take cognizance of an offence may do so upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
However, in such a case, as per Section 191 of the Code, the accused shall, before any evidence is taken, be informed that he is entitled to have the case tried by another Magistrate and if the accused objects to further proceedings, the case shall be transferred to such other Magistrate.
(7) As per Section 408 of the Code, wherever it is made to appear to a Sessions Judge that an order is expedient for the ends of justice, he may order then any particular case be transferred from one criminal Court to another criminal Court in his Sessions division.
(8) According to Section 407 of the Code, whenever it is made to appear to the High Court that a fair and impartial trial cannot be had in any criminal Court subordinate thereto, it may order to transfer to other competent Court or to any other criminal court of equal or superior jurisdiction, etc.
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(9) Section 406 of the Code of Criminal Procedure provides that whenever it is made to appear to the Supreme Court that order is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a criminal Court subordinate to one High Court to another criminal Court of equal or superior jurisdiction subordinate to another High Court.
(10) For fair and impartial trial, the criminal courts have their hierarchical structure. Petty cases inviting light punishments can be conveniently handled by the subordinate judiciary for quick trials and speedy disposal whereas complicated cases of heinous offences would attract severe punishments can be handled with great care by better qualified and experienced judges. For handling cases in certain peculiar circumstances like juvenile offences experienced and qualified judges may be appointed for fair and impartial trial.
(11) The State Governments and the High Court’s recruit competent and qualified persons of integrity and character with the necessary ability and sound knowledge of law for the posts of judges and Magistrates for fair and independent trial.
