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Media Trial in Criminal Cases INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME 2 ISSUE I (May 2021) Email – [email protected] Website – www.ijlra.com 5656565656565 1 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue X is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISSN 2582-6433 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 4 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 MEDIA TRIAL IN CRIMINAL CASES: A BOON OR A BANE By : Shivani ABSTRACT In India, Media is said to be the fourth pillar of Democracy, and for the smooth running of democracy, it is important to have free media with a healthy functionary system. By the virtue of Article 19(1) (a) of the constitution of India, the media enjoys the freedom of the press. However, it is not the absolute freedom and liable for some restrictions to it which are given under Article 19(2). Media through its reporting influence the public at large, therefore, it interferes with court proceedings when justice is totally denied or delayed. Although the media contributes to social and political changes, it is often seen getting involved in the business of making money. Now, it is more like the media makes the news instead of covering it with ethics just to gain some TRP. Media organizations, whether it is print media, electronic media, or new media, in order to gain more audiences, no longer care about the credibility of the source but try to make a sensation in the news, even if they do so to distort the facts. This is evident from the number of defamatory media organizations' pending cases against them in court. The purpose of this article is to study the impact of media trials on the Indian criminal justice system. KEYWORDS: Media Trial, Judiciary, Fair Trial, Freedom of speech, Contempt of court. INTRODUCTION Freedom of speech and expression is an essential element of a democratic country and so is the freedom of the press.1 The media plays a vital role in shaping public opinion, and it can change people's overall perception of various events.2 From the past two decades, we have witnessed the rapid growth of media influence in the process of access to justice in numerous cases related to corruption, rape, murder, sexual harassment, terrorist activities, etc.3 Jeremy Bentham also once said: "There is 1 Arunav Talukdar, “MEDIA TRIAL AND RIGHT TO FREEDOM OF SPEECH AND EXPRESSION: AN ANALYSIS”, National Law University, Assam, (2018) Available at http://www.dlnluassam.ndl.iitkgp.ac.in/bitstream/handle/123456789/171/Arunav%20talukdar%20Diss%202018.pdf ?sequence=1&isAllowed=y, (last visited on 26th, December, 2020). 2 Nimisha Jha, “Constitutionality of Media Trials in India: A Detailed Analysis”, Lawctopus, Available at https://www.lawctopus.com/academike/media-trials-india/, (Last Visited on 27th, December, 2020). 3 Sanatan Deshpande, Priyank Jagawanshi, “A critical analysis of media trial and its effect on Indian judiciary”, 6(1) International Journal of Research and Analytical Reviews 20 (2019), Available at http://ijrar.com/upload_issue/ijrar_issue_20543141.pdf, ( Last Visited on 27th, December, 2020). 5 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 no justice without propaganda. Propaganda is the soul of justice." It is in this situation that the issue of media trials arises. The Supreme Court described the media’s trial as “the influence of television and newspaper reports on personal reputation through the establishment of a broad sense of perception, independent of any court ruling”. When reporting court cases, the media described the defendants as villains, calling them criminals, scammers, fraud, and similar words. These words are not based on facts, but only to incite news and cause Damage to the dignity of the defendant.4 Media basically indirectly pressurize the judges to provides justice to the victim, which may interfere with the trial process, may prejudice the defendant and may prove his innocence. Media trial refers to the establishment of a broad sense of internal creativity without considering any court rulings, the impact of newspaper and television reports on a person’s reputation.5 Media trials often affect a fair trial of the accused. This is a worldwide phenomenon, that cannot be ignored because it interferes with the court proceedings and it completely failed in understanding the substantial gap between an “accused” and a “convict”.6 There is no denying that media is acting as a great influencer for the public and therefore, trial by it may have a negative impact. This problem needs to be resolved in order to maintain social order and not to mislead anyone in the name of spreading information.7 Media invasion is a moral dilemma in developing countries around the world. It has now become a trend for the media to come forward and investigate the truth.8this may influence the criminal trial either negatively or positively based on the circumstances.9 LAW COMMISSION REPORT ON MEDIA TRIAL 4 Nitesh Tripathi, “Media Trial: An Impediment in Fair Trial”, 4(10) Journal on Contemporary Issue 65, Available at https://jcil.lsyndicate.com/wp-content/uploads/2018/11/Media-Trail-4.pdf 5 Supra Note 3. 6 Supra Note 1. 7 Ibid. 8 Ankuran Dutta, “Media Glare or Media Trial: Ethical Dilemma between two Estates of India Democracy”, Research Gate, Available at https://www.researchgate.net/publication/274633662_Media_Glare_or_Media_Trial_Ethical_Dilemma_between_tw o_Estates_of_India_Democracy, (Last Visited on 26th, December, 2020). 9 V.V.L.N. Sastry, “Influence of Trial by Media on the Criminal Justice System in India”, Walden University, Available at https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=8084&context=dissertations, (Last Visited on 27th, December, 2020). 6 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 In its 200th report,10 the Law Commission recommended a law that prohibits the media from reporting anything that is detrimental to the rights of defendants or accused in criminal cases from arrest to investigation and trial.11 The commission has said, “Today there is feeling that in view of the extensive use of the television and cable services, the whole pattern of publication of news has changed and several such publications are likely to have a prejudicial impact on the suspects, accused, witnesses and even judges and in general on the administration of justice”.12 The commission in its report recommended some changes in the Contempt of Courts Act. According to this act, such publications of media trial will only fall under the definition of contempt when a charge sheet is submitted in a criminal case, and the law commission suggested that the publication by media trial should be looked up from the date of arrest. In another controversial proposal, it recommended that the High Court be authorized to direct the print or electronic media to postpone or process television programs related to criminal cases.13 FAIR TRIAL V. MEDIA TRIAL A trial conducted by a judge in a fair manner is called a fair trial. In India, even the defendant cannot deprive him of his right to life and personal freedom. Article 21 of the Constitution of India regards a fair trial as part of life and personal freedom. The right to a fair trial includes the right to be tried without prejudice or prejudiced judges. Rejection of a fair trial is a rejection of human rights.14 The media has now reintegrated into the image of a "public court", also known as Janta Adalat, and even before the court pronounces its verdict, it declared the person guilty.15 It ignores the significant gap between the defendant and the convict, and the golden principle of the law "presumption of innocence until proven guilty" and "irrefutable guilt". It poses a threat to the principles of natural justice.16 Every defendant has the right to a fair trial, based on the principle that "not only can justice 10 Law commission of India, “200th report on Trial by Media: Free Speech versus Fair Trial Under Criminal Procedure (Amendments to the Contempt of Courts Act, 1971)” (August,2006), Available at https://lawcommissionofindia.nic.in/reports/rep200.pdf, (Last visited on 29th, December, 2021).
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