Arrest and Detention in India: Law, Procedure and Practice
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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. Cover Contents List of Illustrations Foreword Preface PART I: Arrest and Detention: Constitutional Perspectives Chapter 1: Arrest and Detention Chapter 2: Arrest Chapter 3: Arrest by Police Chapter 4: Anatomy of Preventive Detention Laws in India Chapter 5: Preventive Detentions in India PART II: Legislative Perspectives on Arrest and Detention Chapter 6: Role of Remand Proceedings Chapter 7: Apprehension and Bail of Children in Conflict w ith Law Chapter 8: Inter-state Arrest Chapter 9: Arrest and Seizure under Narcotics Drugs Law Chapter 10: Arrest and Detention under Armed Forces Act PART III: Arrest and Detention: A Global Perspective Chapter 11: Arrest, Detention and Human Rights Chapter 12: Constitutional Rights on Arrest and Detention Chapter 13: Pretrial Hearing in Arrest and Detention Chapter 14: Arrest and Torture PART IV: Judicial Interventions, Legal Reforms and the Way Ahead Chapter 15: The Footprints of Liberty Chapter 16: Arrest by Police Chapter 17: Arrest and Detention Afterword About the Editors and Contributors Index
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