Chapter

Procedural Safeguards in Cases of Arrest and Detention

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198075998.003.0023
Procedural Safeguards in Cases of Arrest and Detention

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This chapter discusses the constitutional provisions in cases of arrest and detention; Article 22 in the light of the ‘composite code’ approach; judicial prescriptions of procedural safeguards; internal safeguards in the procedure of arrest; transparency and accountability in adhering to the law; and the revamp of the police system. The discussion suggests that Article 22(1) and (2), though they were copied from the then existing CrPC, 1898, encompass a wide gamut of procedural rights when viewed in the perspective of the Indian Constitution as a composite whole. Most of these rights have received due exposition either as judicial pronouncements or as recommendations of the Law Commission and these have been now incorporated in the CrPC by The Code of Criminal Procedure (Amendment) Act, 2008.

Keywords: constitutional provisions; composite code; CrPC; procedural safeguards; Article 22; police system; Indian Constitution

Chapter.  13215 words. 

Subjects: Human Rights and Immigration

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