Judicial Analysis of the Constitutional and Procedural Safeguards against Arbitrary Arrest and Detention
AbstractRight to life under Article 21 of the Indian Constitution
has been accorded a paramount status by the judiciary.
Article 21 and 22 of the Constitution envisages detailed
safeguards against arbitrary arrest and detention. The
judiciary, in a series of cases, has examined at length these
safeguards in the larger context of the power of the
executive to apprehend persons who are suspected of
having committed crimes. This paper makes an in depth
analysis of the judicial pronouncements relating to the
power of the executive to arrest. The paper also analyses
the amendments made in the year 2008 to the Criminal
Procedure Code 1973. The concept of compensatory
jurisprudence laid down by the Supreme Court in cases of
arbitrary deprivation of life and liberty under Article 21 of
the Constitution is also assayed.
How to Cite
B, Depthi. Judicial Analysis of the Constitutional and Procedural Safeguards against Arbitrary Arrest and Detention. Christ University Law Journal, [S.l.], v. 2, n. 2, p. 27-39, dec. 2013. ISSN 2278-4322. Available at: <http://journals.christuniversity.in/index.php/culj/article/view/378>. Date accessed: 27 may 2019. doi: https://doi.org/10.12728/culj.3.2.