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Arrest and Detention in India

Arrest and Detention in India
Law, Procedure and Practice

Edited by:
  • Dipa Dube - Professor, Rajiv Gandhi School of Intellectual Property Law, IIT, Kharagpur
  • Shruti Bedi - Professor of Law at the University Institute of Legal Studies, Panjab University, Chandigarh

Sociology of Law

December 2021 | 364 pages | SAGE India
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. 

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

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ISBN: 9789354792519
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