Arrest and Detention in India
Law, Procedure and Practice
1st Edition
Published on 21. December 2021
Book
Paperback/Softback
364 pages
978-93-5479-251-9 (ISBN)
Description
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.
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.
More details
Series
Language
English
Place of publication
New Delhi
India
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 216 mm
Width: 140 mm
Weight
463 gr
ISBN-13
978-93-5479-251-9 (9789354792519)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
12/2021
1st Edition
SAGE Publications India Pvt Ltd
€82.00
Article not available for order
Persons
Dipa Dube is a professor at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology (IIT) Kharagpur, India. She specializes in the areas of criminal laws, gender violence and victimology. She is the vice-president of Indian Society of Victimology and has been conferred the ISV Fellowship in 2020. Dr Dube has published more than 80 articles in national and international journals on victim justice, human trafficking and rape laws and has authored 7 books. She is also a member of prestigious professional bodies including World Society of Victimology, International Society of Criminology, etc. Shruti Bedi is Professor of Law at University Institute of Legal Studies (UILS), Panjab University (PU), Chandigarh. She is the Co-ordinator for Department of Law at University School of Open Learning, PU, Director for Centre for Constitution and Public Policy, UILS, PU and also a TEDx speaker. She has authored two books and co-edited four books including a Festschrift in honour of Professor Upendra Baxi in addition to publishing numerous articles in national and international journals, blogs, books, newspapers etc. She has lectured at universities in England, Canada, Vietnam, Indonesia and Brazil.
Content
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 - Sebastien 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
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 - Sebastien 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