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Report No. 200

(A) Prejudice to the suspect means prejudice irrespective of whether offence is a serious one or nor:

In A.K. Gopalan's case, no doubt, the Court uses the words 'serious' offence of murder. But, in our opinion, when we are considering the prejudice to the suspect, then prejudice may occur whether offence is a serious one or not. Prejudice must be viewed from the point of view of the personal right of the suspect for a fair trial when he is arrested and not from the point of view whether the arrest was for a serious offence. Prejudice is in relation to a person and is not in relation to the offence with which the person is charged.

No country has made a distinction between a serious offence and a non-serious offence, for judging whether a publication regarding the offence has caused prejudice to the suspect or accused.

Trial by Media free speech and fair trial under Criminal Procedure Code, 1973 Back

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