Arrest, Detention, and Criminal Justice System: Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

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.

FOREWORD BY PADMABHUSHAN; PREFACE; INTRODUCTION; PART 1: ARTICLES 19, 21, AND 22 OF THE CONSTITUTION AND CRIMINAL JUSTICE SYSTEM; 1. A PARADIGM SHIFT IN THE CONNOTATION OF ARTICLE 21; 2. SHIFTING TRENDS IN APPROACH TO THE FUNDAMENTAL RIGHTS; 3. CONSTITUTIONALITY OF DETENTION PER SE; PART 2: ARREST AND PRE-TRIAL DETENTION; 4. ARREST POWERS OF THE STATE; 5. PROCEDURAL SAFEGUARDS IN CASES OF ARREST AND DETENTION; 6. DETENTION PENDING INVESTIGATION AND TRIAL; 7. BAIL AND REMAND; PART 3: PREVENTIVE DETENTION; 8. CONSTITUTIONALITY OF PREVENTIVE DETENTION; 9. PROCEDURAL SAFEGUARDS IN PREVENTIVE DETENTION CASES; 10. PREVENTIVE DETENTION: MEASURES UNDER THE CRPC, 1973; PART 4: PUNITIVE DETENTION; 11. RATIONALE AND EFFICACY OF DETENTION AS A PUNITIVE MEASURE; 12. CONSTITUTIONALITY OF DETENTION AS A PUNITIVE MEASURE; 13. TOWARDS MORE SCIENTIFIC AND EFFICIENT METHODS OF DEALING WITH THE CRIME AND THE CRIMINAL; EPILOGUE; APPENDIX; BIBLIOGRAPHY; CASE INDEX; INDEX