#right to fair trial

The Bombay High Court has held that procedural rigidity must yield to substantive justice when an accused faces legitimate delays in securing official records from the Income Tax Department. This ruling reinforces that the right to present defence evidence under BNS 528 is not forfeited merely due to administrative timelines, safeguarding fair trial rights in complex financial cases.

Bombay High Court acquitted three accused in a POCSO case, ruling that untested prosecution evidence due to denial of cross-examination violates the right to a fair trial. The judgment reinforces that statutory protections under the POCSO Act cannot override constitutional guarantees of effective legal representation.

Chhattisgarh High Court ruled that a party’s right to cross-examine a witness in court cannot be forfeited merely because they refuse to conduct it at the witness’s residence, even if a commission was issued. The court emphasized that fair trial rights under natural justice prevail over procedural convenience, ensuring due process in matrimonial disputes.

Madhya Pradesh High Court holds that late introduction of documents requires recall of witness for cross-examination and preserves right to examine attesting witnesses under Indian Succession Act.

Madras High Court holds that delay in cross-examination does not forfeit the right to examine a witness under Section 311 CrPC; conditional opportunity must be granted.