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Showing posts from January, 2023

Provisions for Criminal Interrogation and Ground Reality

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                                  UG Semester – I, B.A. LL.B National Law University, Jodhpur Its not wrong to state, at least in relation to the vanguard laws like Criminal Procedure Code, 1973 or The Constitution of India, 1950 that the fallacies present in criminal interrogation aren’t brought about by the provisions in the law but the lack of their implementation by the officials concerned. This blog post will basically look into some provisions of CrPC to figure out ‘how things happen’ and ‘how things ought to happen’ when it comes to criminal interrogation. 1.       Preventive Detention Section 151 (1) provides police officers the power to arrest a person in order to prevent the commission of a cognizable offence by him without the magistrate’s order. This is one of the most abused provisions by the police. It is often used to whimsically detain innocent civilia...

Fair Investigation – CrPC and Fundamental Rights

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                                   UG Semester – I, B.A. LL.B National Law University, Jodhpur This blog post will analysis the relation between some of the provisions of CrPC and Part III of the Constitution and how both bring into effect a fair system of investigation (at least theoretically). 1.       Section 154 and Articles 21 and 22(1) Section 154 provides that information about commission of a cognizable offence if given orally to a police officer shall be reduced to writing, be read over to and signed by the informant and the substance is to be entered in a book. Article 21 provides protection to every person’s life and personal liberty and it can only be curtailed by procedure established by law and Article 22(1) provides the right to be informed of the grounds of arrest before being arre...