Arrest, Detention, and Criminal Justice System: Arrest, Detention, and Criminal Justice System
A Study in the Context of the Constitution of India
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Product details:
- Edition number and title :Arrest, Detention, and Criminal Justice System
- Publisher OUP India
- Date of Publication 5 April 2012
- ISBN 9780198075998
- Binding Hardback
- No. of pages428 pages
- Size 220x146x31 mm
- Weight 580 g
- Language English 0
Categories
Short description:
This book examines the criminal justice system in India focusing on existing laws for arrest and detention; the constitutional validity of punitive measures; and interpretations by the Supreme Court of India.
MoreLong description:
Fundamental rights enshrined in the Constitution of India protect Indian citizens against the misuse of powers by the state. However, for maintaining law and order, the state authorities often disregard important constitutional provisions and commit human right violations. This book critically examines the criminal justice system in India, focusing on interpretations by the Supreme Court of India. It also analyses the existing laws for arrest and detention and the constitutional validity of punitive measures. Important gap areas such as low conviction rate, weakness of prosecuting agencies, an archaic judicial system, and indiscriminate enforcement of arrest and detention laws have also been addressed. In the light of constitutional provisions, the volume discusses the relevance of procedural safeguards against the arbitrary conduct of the state. With a special focus on individual rights and maintenance of law and order, it suggests ways to balance state's responsibilities to bring criminals to justice and value human rights.
This book will interest scholars, teachers, and students of law, politics, and human rights. Lawyers and policymakers will also find it very useful.
Table of Contents:
Foreword by Padmabhushan
Preface
Introduction
Part 1: Articles 19, 21, and 22 of the Constitution and Criminal Justice System
A Paradigm Shift in the Connotation of Article 21
Shifting Trends in Approach to the Fundamental Rights
Constitutionality of Detention Per Se
Part 2: Arrest and Pre-trial Detention
Arrest Powers of the State
Procedural Safeguards in Cases of Arrest and Detention
Detention Pending Investigation and Trial
Bail and Remand
Part 3: Preventive Detention
Constitutionality of Preventive Detention
Procedural Safeguards in Preventive Detention Cases
Preventive Detention: Measures under the CrPC, 1973
Part 4: Punitive Detention
Rationale and Efficacy of Detention as a Punitive Measure
Constitutionality of Detention as a Punitive Measure
Towards more Scientific and Efficient Methods of Dealing with the Crime and the Criminal
Epilogue
Appendix
Bibliography
Case Index
Index.