Dk Basu V State of Westbengal

Topics: Crime, Police, Law Pages: 22 (8728 words) Published: October 28, 2012
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
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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 610. D. P. Ghosh v. State of West Bengal (1972) 2 SCC 656. 1/16 -the-accused-a-study -on-the-rights-of -the-arrested-person/print/

used- A Study on the Rights of the Arrested Person | Legalsutra | Law Students' … 10/29/12

7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

Dwarkadas v. Ambalal Ganpatram 28 CWN 850. Gauri Shankar v. State of Bihar AIR 1972 SC 711. Gharban Ali v. Intelligence Officer 1996 CriLJ 2420. Govind Prasad v. State of West Bengal 1975 CriLJ 1249. In re Madhu Limaye AIR 1969 SC 1014. Iqbal Kaur Kwatra v. Director General of Police 1996 CriLJ 2600. Joginder Kumar v. State of Utter Pradesh AIR 1994 SC 1349. Khatri (II) v. State of Bihar (1981) 1 SCC 627. Manoj v. State of Madhya Pradesh (1999) 3 SCC 715. Nabachandra Singh v. Manipur Administration AIR 1964 Mani 39. Nandini Satpathy v. P. L. Dani AIR 1978 SC 1025. Natverlal v. State of Gujarat 1983 CriLJ 1124. Om Prakash Dwivedi v. State 1996 CriLJ 603. Padam Dev v. State of Himachal Pradesh 1989 CriLJ 383. Prabhunarayan v. State of Madhya Pradesh 1987 CriLJ 339. Prem Shankar Shukla v. Delhi Administration (1980) 3 SCC 526. Rajani Kanta v. State of Orissa 1975 CriLJ 83. Ram Narain Gupta v. Ravi Datt 1966 AWR 776. Sharifbai v. Abdul Razak AIR 1961 Bom 42. State v. Ram Autar AIR 1955 All 138. State of Hyderabad v. Kankadu AIR 1954 Hyd 89. State of Punjab v. Ajaib Singh AIR 1953 SC 10. Sunil Batra v. Delhi Administration (1978) 4 SCC 494. Sunil Gupta v. State of Madhya Pradesh (1990) 3 SCC 119. Vikram v. State 1996 CriLJ 1536. Vimal Kumar Sharma v. State of Uttar Pradesh 1995 CriLJ 2335.

Table of Statutes
1. The Code of Criminal Procedure, 1973. 2. The Indian Penal Code, 1860. 3. The Police Act, 1861.

“To strike the balance between the needs of law enforcement on the one hand and the protection of the citizen from oppression and injustice at the hands of the law enforcement machinery on the other, is a perennial problem of Statecraft.”[1] The title of this paper is ‘the rights of the accused’. However, this subject is quite vast and involves many facets. It includes the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trial and the like. When the researcher was faced with the task of selecting a specific aspect of the rights of the accused, she chose to concentrate on the rights of the arrested person. Thus, this paper shall focus on this -the-accused-a-study -on-the-rights-of -the-arrested-person/print/ 2/16

used- A Study on the Rights of the Arrested Person | Legalsutra | Law Students' … 10/29/12

specific aspect. The definition of arrest is “a restraint of a man’s person, obliging him to be obedient to the law”.[2] Arrest means the total restraint and complete deprivation of liberty of a person by legal authority or at least, by apparent legal authority.[3] It has also been defined as “to restrain or detain a person by lawful authority”.[4] When one thinks of arrest, the picture that most often springs to one’s mind, fostered by television and films of American origin, is that of a police officer reading out...
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