Aayush Kumar, Symbiosis Law School, Noida
ABSTRACT
This case commentary analyses a landmark judgement of the Hon’ble Supreme Court of India that has critical nexus with the criminal justice system of India. The Indian criminal justice system is governed by a comprehensive code that dictates the procedure for apprehending, implicating and punishing or acquitting an accused. Arrest, an inalienable step in this process, not only has an implication on an individual’s social credibility but also temporarily results in the curtailment of their fundamental right to personal liberty. Indian courts have consistently underscored the necessity of adhering to legal procedures during arrests to balance the pursuit of justice with the protection of fundamental rights. This case commentary analyses and explores the Hon’ble Apex Court’s judgement which reinforced the importance of following lawful procedures during arrests and highlighted the delicate balance between the enforcement of law vis-à-vis personal liberty.
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