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

Hardcover | March 24, 2012

byBellary Uma Devi

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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 criticallyexamines 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 safeguardsagainst 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.

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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 criticallyexamines the criminal justice system in Ind...

Bellary Uma Devi is an advocate and independent researcher.
Format:HardcoverDimensions:428 pagesPublished:March 24, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198075995

ISBN - 13:9780198075998

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Table of Contents

Padmabhushan: ForewordPrefaceIntroductionPart 1: Articles 19, 21, and 22 of the Constitution and Criminal Justice System1. A Paradigm Shift in the Connotation of Article 212. Shifting Trends in Approach to the Fundamental Rights3. Constitutionality of Detention Per SePart 2: Arrest and Pre-trial Detention4. Arrest Powers of the State5. Procedural Safeguards in Cases of Arrest and Detention6. Detention Pending Investigation and Trial7. Bail and RemandPart 3: Preventive Detention8. Constitutionality of Preventive Detention9. Procedural Safeguards in Preventive Detention Cases10. Preventive Detention: Measures under the CrPC, 1973Part 4: Punitive Detention11. Rationale and Efficacy of Detention as a Punitive Measure12. Constitutionality of Detention as a Punitive Measure13. Towards more Scientific and Efficient Methods of Dealing with the Crime and the CriminalEpilogueAppendixBibliographyCase IndexIndex