“MEDICINAL CHARACTER” IN THE PENAL PROCEDURE OF CCEO AND “FAIR TRIAL” IN THE CRIMINAL PROCEDURE CODE OF INDIA: A COMPARATIVE STUDY

Authors

  • Davis Panadan CMI Devamatha Province, Thrissur, Kerala

Keywords:

‘medicinal nature’ of the ecclesiastical law, the ‘fair trial’ of Indian civil law, “Fair Trial” in the CrPC, Preservation of Defendant’s Good Reputation, Avoidance of Arbitrariness, Right of Recourse or Appeal.

Abstract

The author as a canonist and a civil lawyer compares the ‘medicinal nature’ of the ecclesiastical law with the ‘fair trial’ of Indian civil law under the following heads: 1. The “Medical Colouring” in the CCEO and “Fair Trial” in the CrPC; 1.2. Venue of Trial; 1.3. Transfer of Cases; 1.4. Preservation of Defendant’s Good Reputation; 1.5. Right of Self-Defence; 1.6. Protection againt Self-incrimination; 1.7. Avoidance of Arbitrariness; 1.8. Burden of Proof on Procescution; 1.9. Mitigating Factors; 1.10. Right of Recourse or Appeal.

Author Biography

Davis Panadan, CMI Devamatha Province, Thrissur, Kerala

Davis Panadan CMI, took PhD in law at the National Law School of India, University, Bangalore. Already he holds LL.M from the same institution and a Licentiate in Oriental Canon Law from the Institute of Oriental Canon Law at Dharmaram Vidya Kshetram, Bangalore aggregated to the faculty of eastern Canon Law of the Pontifical Oriental Institute, Rome. He is author of many articles and at present he is a visiting lecturer of civil and canon law at Dharmaram Vidya Kshetram, Bangalore. He heads the law school at Christ Academy, Begur, Bangalore, India.

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Published

2020-08-02

Issue

Vol. 2 No. 2 (2011): Iustitia: Dharmaram Journal of Canon Law

Section

Articles