Arrest, detention and criminal justice system
- New Delhi OUP 2012
- 386 p.
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 crime.