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Arrest and Detention in India: Law, Procedure and Practice: Sage Law

Editat de Dipa Dube, Shruti Bedi
en Limba Engleză Electronic book text – 14 noi 2021
Human rights enshrined in the Constitution of India protect Indian citizens against misuse of powers by the State and its functionaries. However, detainee rights are often neglected in custody. Arrest and Detention in India: Law, Procedure and Practice critically examines arrest and detention laws in India, focusing on constitutional guarantees and criminal jurisprudence.

The book studies legislations that have invited much criticism from human rights activists, such as the Code of Criminal Procedure (CrPC), Unlawful Activities (Prevention) Act (UAPA), Armed Forced (Special Powers) Act (AFSPA) and Narcotic Drugs and Psychotropic Substances Act (NDPS). It explores topical areas such as inter-state arrests, juvenile crime, remand and detainee rights. This book evaluates the controversial powers of arrest and detention, arguing for stricter regulation in terms of the international, constitutional and human rights mandates. The book examines public safety and whether it can be implemented through legal standards that compromise personal liberty.
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Specificații

ISBN-13: 9789354792465
ISBN-10: 9354792464
Pagini: 364
Dimensiuni: 140 x 216 mm
Ediția:1
Editura: SAGE Publications
Colecția Sage Publications Pvt. Ltd
Seria Sage Law

Locul publicării:New Delhi, India

Cuprins

Foreword by Justice A. K. Sikri
Preface
Part I: Arrest and Detention: Constitutional Perspectives
Arrest and Detention: The Umbrella of Constitutional Protection - Shruti Bedi
Arrest: Necessity and Justification - Nitish Nawsagaray
Arrest by Police: Power, Procedure and Impact on Fundamental Rights - Amiya Kumar Samanta
Anatomy of Preventive Detention Laws in India: A Historical and Critical Perspective - Yogesh Pratap Singh
Preventive Detentions in India: Constitutional ‘Sanctions’ and ‘Safeguards’ - P. Puneeth
Part II: Legislative Perspectives on Arrest and Detention
Role of Remand Proceedings: A Step Away from Mechanical Approach - R. S. Cheema and Tarannum Cheema
Apprehension and Bail of Children in Conflict with Laws: Procedure and Practice - Kumar Askand Pandey
Inter-State Arrest: Safeguards and Remedies - Kavita Singh
Arrest and Seizure under Narcotics Drugs Law - Nirmal Kanti Chakrabarti and Surja Kanta Baladhikari
Arrest and Detention under Armed Forces Act: A Test Case of Human Rights Violation - Bhabani Sonowal
Part III: Arrest and Detention: A Global Perspective
Arrest, Detention and Human Rights: International Standards - Dipa Dube
Constitutional Rights on Arrest and Detention: A Canadian Perspective - Sébastien Lafrance
Pretrial Hearing in Arrest and Detention: The Indonesian Experience - Amira Paripurna
Arrest and Torture: Law and Its Implementation in Nepal - Balram Prasad Raut
Part IV: Judicial Interventions, Legal Reforms and the Way Ahead
The Footprints of Liberty - Kamaljit Singh Garewal
Arrest by Police: Judicial Mandate - R. K. Bag
Arrest and Detention: A Proposal for Reforms - Namrta Rastogi and Anurag Deep
Afterword by Sidharth Luthra
Index

Descriere

This book studies arrest and detention laws through constitutional guarantees and criminal jurisprudence and recommends reforms to curb human rights violations and abuse of legal provisions.