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Trial by Media – A Threat to Our Judicial System?

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Trial by Media – A Threat to Our Judicial System?


Dr. S. Krishnan | Dr. Disha Bangarva | Ms Aditi Tiwari



Dr. S. Krishnan | Dr. Disha Bangarva | Ms Aditi Tiwari "Trial by Media – A Threat to Our Judicial System?" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-2, February 2022, pp.376-387, URL: https://www.ijtsrd.com/papers/ijtsrd49244.pdf

It has been prepared after the deep analysis and study of the different, articles, papers, magazines, press release, books, interviews and some more other relevant resources. This Research Paper covers all the perspectives of the trial which is done by the media in certain cases and it also highlights whether it is good or not. It also shows the purpose and aspects of trial by media in many of the high profile cases such as Criminal, Political, and Scam and many more such cases which become a part of the Indian Citizens for their daily Entertainment and also a matter of Gossips. Modern world aims at latest innovations in mass communication media. Now the 21st century revolutionized the media world and this era witnessed a fundamental shift in the way we communicate from traditional print media like newspaper, and television and the modern media like social media. The driven force for all communication is the freedom of speech and expression under Art: 19(1) (a) of the Indian Constitution provides for freedom of speech and expression, by the virtue of this freedom media goes on reporting the news and publishing the articles based on the interview of the witnesses and other parties regarding the matters which are sub judice pending before the court of law and by doing this the media can cause pre judice to the case and affect the administration of justice which will lead to the miscarriage of justice. Media in high profile cases through conducting the investigations and continuous reporting of the news can create so much of hype on the sub judice matters that can cause prejudice and will affect the administration of justice and may lead to miscarriage of justice, the judge has to be impartial and shall pass the verdict only on the basis of the facts and the evidence produced in the court of law but the hype created by media prejudices the mind of judges and may force the judge to pass the verdict against the accused even though the accused is innocent.This paper focuses on how such trial conducted by the media affects the right to fair trial of the accused and brings the conflict between the freedom of press, fair trial and independence of judiciary Trail by media shows the different aspects of the society and the community which at all directly impacts the Judiciary System of any Constitution and it can’t be denied that the India itself is a big example for the same as it’s the biggest sufferer in field of Judiciary by the act of Media Trial. Here you will also be getting different types of Case Study and their Judgement with respect to Trial by Media and how it affects Justice and also to the Case. You will also get to know about the Rules and Sections and also the stands of National and International Committees and Administration with the Issue faced by them due to Media Trial. The study indicates that many lawyers believe that there were instances where judges altered the judgment due to media influence and where “intensive case analysis by media before completion of the legal process” which impacted the verdict. It also says that “for a long time, India’s criminal justice system has remained unenthusiastic about allowing unfettered media access to their functions and deliberations”. People might suffer enormously when the decision-making process is vitiated by external factors of any kind. Research has been conducted on the intervention of media in cases under trial. The literature indicates that trial by media is a dynamic process through which people are exposed to public opinion where they are condemned without being heard.

Media Trial, Justice, Judgements, Administration, Fair Trial, Prejudice, Sub - Judice, Constitution, India, National, International, Case, Victim, Accused, Innovation, Communication, Revolutionized, Media, Legal Fraternity, Public Interference, Court, Contempt, Judiciary, Broadcasting, Criminal, Articles, Sections, ICCPR, USA, UK, BBC


IJTSRD49244
Volume-6 | Issue-2, February 2022
376-387
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

International Journal of Trend in Scientific Research and Development - IJTSRD having online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International Journal which provides rapid publication of your research articles and aims to promote the theory and practice along with knowledge sharing between researchers, developers, engineers, students, and practitioners working in and around the world in many areas like Sciences, Technology, Innovation, Engineering, Agriculture, Management and many more and it is recommended by all Universities, review articles and short communications in all subjects. IJTSRD running an International Journal who are proving quality publication of peer reviewed and refereed international journals from diverse fields that emphasizes new research, development and their applications. IJTSRD provides an online access to exchange your research work, technical notes & surveying results among professionals throughout the world in e-journals. IJTSRD is a fastest growing and dynamic professional organization. The aim of this organization is to provide access not only to world class research resources, but through its professionals aim to bring in a significant transformation in the real of open access journals and online publishing.

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