Introduction
When we hear the word “justice,”
many of the people thinks about punishing the person who has
committed a crime. But real justice is not limited to this only. It
is not about punishing the wrongdoer, it is about safeguarding the
truth and making the right person to be held liable. Sometimes, what
appears on the surface is not the full story of the incident.
What Is Natural Justice?
The
principle of natural justice teaches us that everyone
deserves to be heard. One of the most important rules is “audi
alteram partem”, which means “let other side to
be heard.” Before deciding a case, it is important to
understand the situation of the accused person – what he did? and
why he did?
This is the reason why the law gives him a lawyer to speak for him, even when someone is caught for a crime. This is not to protect the guilty, but to protect the innocent and the truth.
A
Realistic Example:
Imagine a case where two people are
involved in a murder.
Person A is the one who actually killed the victim.
Person B is the mastermind he planned everything and forced Person A to do it through threats, pressure, or provocation.
Now, all the evidence (like fingerprints or CCTV) will show that the person A has committed the murder. But what if ‘A’ never wanted to do it? What if he was forced, scared, or provoked? In such case, punishing only ‘A’ would be partial justice, and Person B, who is actually more dangerous, will go free.
This is where the role of an advocate becomes important. A good advocate doesn’t just argue facts, he searches for the truth behind the facts.
Law
Understands This Difference
The law in India recognises
that someone who kills another person without intention
possibly under provocation, coercion, or fear
may not be guilty of murder, but of
culpable homicide
which is death not amounting to murder.
This crime has a lesser punishment as compare to the punishment of
murder (causing death with the intention).
But the person who planned everything, used another person as asset to do the crime had a bad intention (malafide mind) this person is punished more harshly in law. This is called abetment or criminal conspiracy in the language of law.
Why Advocates Are Given to
Accused by the State
Many people in the society asks:
“Why should a criminal get a lawyer?” The answer is simple
because not everyone who is accused is a criminal in the real
sense. Sometimes, people get trapped, used, or forced by the
other who is the real culprit behind all this. The law gives every
accused a lawyer so that no innocent person is punished
unfairly.
If we ignore the voice of the accused, and don’t try to understand the reason behind his actions, we may end up punishing the wrong person and letting the real criminal go free.
Conclusion
Justice
is not only a revenge or punishment. It is about truth, fairness, and
understanding. As advocates, our duty is to ensure that justice
is complete, not half-done. If we fail to see the real
picture, we may help the guilty go free and punish someone, who
deserves mercy.
In the end, the real success of our legal system lies not in how many people we punish, but in how many innocent lives we protect while still holding the true wrongdoers liable for there act.
- Adv. Ritam Upadhyay
