--- title: "What is the important right of an accused in a trial?" description: "What is the important right of an accused in a trial?" author: "Lily Chitlangiya" published: 2021-12-01 canonical: https://answers.mindstick.com/qa/94221/what-is-the-important-right-of-an-accused-in-a-trial category: "law & legal issues" tags: ["laws", "laws and legal issues"] reading_time: 3 minutes --- # What is the important right of an accused in a trial? What is the important [right](https://www.mindstick.com/articles/23257/how-to-find-the-right-design-agency-for-your-logo-design) of an accused in a [trial](https://www.mindstick.com/news/1547/blackberry-trying-to-settle-shareholder-lawsuit-over-blackberry-10-to-avoid-trial)? \ ## Answers ### Answer by Sanjay Goenka ## “Ei incumbit probation qui dicit non qui negat” \ The above words are known as the **‘legal maxim’** of Law where it means that the **‘accused is innocent until proven guilty** In **[India](https://answers.mindstick.com/qa/94190/who-was-the-first-law-minister-of-india)**, there are many provisions in the Law that provide some **rights to the accused** in the justice department. If we talk about the international prospect of the rights of accused in the trial, The law in the Human Rights law clearly states that an accused should have some of the basic rights like – **right to know the charges under which he has been charged, the right to inform the relative or any of his relative member about the arrest.** \ ![What is the important right of an accused in a trial?](https://answers.mindstick.com/questionanswer/01c40769-4d8f-4770-b19e-6b620094b155/images/d863a0c1-321d-494a-ad6d-0a34292ab016.jpeg)\ \ \ \ **Rights of accused in Indian Law** \ **Section 50(1) Cr. P.C** says that if a person is arrested without the warrant is entitled to **know the full particulars of the offense** for which he is being arrested, and if he is being arrested according to the warrant then he must be informed about the particular charges of the warrant and if he needed the warrant to see then he is eligible to ask according **to section 75 of Cr.P.C.** \ **Section 7 6 of Cr.P.C** and section 56 of code state that an accused have the right to be **presented in front of the Magistrate within the 24 hours** of arrest by the officer who has arrested the accused either on the basis of a warrant or without having a warrant. \ **Right to have Bail** When a person has been arrested without a warrant by the police or any other authority, and the offence for which he is arrested is bailable then it is the officer’s duty to inform the accused about the **procedure of Bail.**\ \ **Right to have an Advocate** **Article 22(1) of the constitution of India** and **section 50(3)** of the code provide a fundamental right that can’t be denied in any case to provide a fair opportunity of defence against the proceeding which is in the continuation. \ Right to be present during the trial **Section 273** the of criminal procedure code provides that the evidence and statements must be recorded in the presence of the accused himself or his Lawyer. Similarly, there are many other rights like the Right to cross-examination, the **Right to appeal**, the Right to have humane treatment in prison, the Right to get copies of the document, etc. \ **case** **Nandini Satpathy vs Dani (P.L.) And Anr on 7 April 1978** In this case, the **Court has decided** that no one **has the right to extract the information or statement** from the accused **forcibly**. And the accused has the right to be **silent during the time of interrogation.** \ --- Original Source: https://answers.mindstick.com/qa/94221/what-is-the-important-right-of-an-accused-in-a-trial Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.