How does criminal case give rise to rights

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Our Constitution ensures humanitarian rights to the accused persons in the form of fundamental rights. Hence as far as contention about how criminal offences give rise to rights, anyone accused of committing any crime too have rights as envisaged by the founders of our constitution. In Vidya Drolia, the Supreme Court stated that the courts need not venture into debatable questions of facts surrounding the dispute. Nevertheless, courts must consider the following instances to refuse reference to arbitration in an application under Section 8 – (a) when the cause of action relates to an action in rem, (b) when the subject matter of the dispute affects third-party rights, have erga omnes effect and requires centralised adjudication; (d) when the subject matter of the dispute relates to inalienable sovereign and public interest functions of the state; (e) when the subject matter of the dispute is expressly non-arbitrable as per Indian statutes

Advocate Vikas Sharma LawRato