Dk Basu V State of Westbengal

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used- A Study on the Rights of the Arrested Person | Legalsutra | Law Students' … 10/29/12 The Rights of the Accused- A Study on the Rights of the Arrested Person by Contributed Papers | November 15, 2010 7:18 pm Like 7 people like this. Be the first of your friends. Table of Contents Table of Cases Table of Statues Introduction Research Methodology Chapter 1: Chapter 2: Chapter 3: Conclusion Bibliography Table of Cases England: 1. Christie v. Leachinsky [1947] 1 All ER 567. India: 1. 2. 3. 4. 5. 6. Ajit Kumar v. State of Assam 1976 CriLJ 1303. Ashok v. State 1987 CriLJ 1750. Bir Bhadra Pratap v. D. M. Azamgarh AIR 1959 All 384. Citizens for Democracy v. State of Assam (1995) 3 SCC 743. D. K. Basu v. State of West Bengal AIR 1997 SC…show more content…
Of course, the question that is relevant to us is whether these rights apply in India and more importantly, whether rights of an accused in themselves are a reality or whether they are, in fact, restricted merely to imagination. It has been observed by the Supreme Court that the law of arrest is one of balancing the rights, liberties and privileges of the individual on one hand, and his duties, obligations and responsibilities on the other.[5] Arrest is also about balancing the rights of the individual with that of society’s rights since a person is normally arrested for a crime that is usually defined as a wrong against society. The eternal question has always been the following: how much is too much? Are the police given the absolute authority to do as they like with the arrested person to ensure that justice is ultimately done or is it in order to render justice while ensuring that rights of the arrested are fully protected? In recent times, much attention has been focussed on the way the police treat arrested persons. In several instances, the necessity of arrest itself has been questioned. In this regard, the Third report of the National Police Commission has specified that arrest can be considered justified in the following cases: 1. The case involves a grave offence like murder, dacoity, robbery, rape, etc., and it

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