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Constitutions and Fair Trial

1. No person shall be detained without being informed of the ground for such an arrest.
2. The person who is arrested shall have the right to consult a legal practitioner of his/her choice at the time of the arrest. The consultation made by such a person with the legal practitioner and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended through his/her legal practitioner.
   Explanation: For the purpose of this clause, the words "legal practitioner" means any person who is authorized by law to represent any person in any court.
3. Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of such authority. Provided that nothing in clauses (2) and (3) shall apply to preventive detention or to a citizen of an enemy state.
4. No person shall be punished for an act which was not punishable by law when the act was committed, and no person shall be subjected to a punishment greater than that prescribed by the law in force at the time of the offence.
5. No person accused of any offence shall be assumed to be an offender until proven guilty.
6. No person shall be prosecuted or punished for the same offence in a court of law more than once.
7. No person accused of any offence shall be compelled to be a witness against himself.
8. Every person undergoing trial shall have the right to be informed about the proceedings of the trial.
9. Every person shall be entitled to a fair trial by a competent court or judicial authority.
10. Any indigent person shall have the right to free legal aid in accordance with law.

1. No person who is detained during investigation, or for trial or for any other reason, shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner.
2. Any such an act pursuant to clause (1) shall be punishable by law, and any person so treated shall be compensated in a manner determined by law.

1. Everyone who is arrested for allegedly committing an offence has the right
   1. to remain silent;
   2. to be informed promptly
      1. of the right to remain silent; and
      2. of the consequences of not remaining silent;
   3. not to be compelled to make any confession or admission that could be used in evidence against that person;
   4. to be brought before a court as soon as reasonably possible, but not later than ¬
      1. 48 hours after the arrest; or
      2. the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day;
   5. at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and
   6. to be released from detention if the interests of justice permit, subject to reasonable conditions.
   
   
2. Everyone who is detained, including every sentenced prisoner, has the right ¬
   1. to be informed promptly of the reason for being detained;
   2. to choose, and to consult with, a legal practitioner, and to be informed of this right promptly;
   3. to have a legal practitioner assigned to the detained person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;
   4. to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released;
   5. to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment; and
   6. to communicate with, and be visited by, that person's
      1. spouse or partner;
      2. next of kin;
      3. chosen religious counsellor; and
      4. chosen medical practitioner.
   
   
3. Every accused person has a right to a fair trial, which includes the right
   1. to be informed of the charge with sufficient detail to answer it;
   2. to have adequate time and facilities to prepare a defence;
   3. to a public trial before an ordinary court;
   4. to have their trial begin and conclude without unreasonable delay;
   5. to be present when being tried;
   6. to choose, and be represented by, a legal practitioner, and to be informed of this right promptly;
   7. to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would
   8. rwise result, and to be informed of this right promptly;
   9. to be presumed innocent, to remain silent, and not to testify during the proceedings;
   10. to adduce and challenge evidence;
   11. not to be compelled to give self-incriminating evidence;
   12. to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language;
   13. not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted;
   14. not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted;
   15. to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and
   16. of appeal to, or review by, a higher court.
   
   
4. Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.
   
   
5. Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.