Chapter

Constitutional Parameters of Detention Pending Investigation and Trial

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/9780198075998.003.0025
Constitutional Parameters of Detention Pending Investigation and Trial

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The CrPC, 1973, as in the earlier 1898 Code, provides for detention pending investigation and detention pending trial by Sections 167, 209 and 309. The scheme of these provisions is that Section 167 provides for detention of an accused person pending investigation, Section 209 provides for detention during the committal proceedings and Section 309(2) provides for detention of the accused person during pending trial or inquiry. This chapter argues that though the corresponding Sections of the 1898 Code have been altered and re-enacted, the changes made merely reflect a half-baked attempt of the legislature to make the criminal ‘justice’ system more efficient and humane and not a determined effort to fix the parameters of the State power to ‘detain’ in the light of the Constitution as a composite code.

Keywords: trial; CrPC; detention; accused person; criminal justice; composite code; pending investigation

Chapter.  10947 words. 

Subjects: Human Rights and Immigration

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