Procedural Abuse in Search and Seizure
CHAPTER 1
INTRODUCTION
OVERVIEW
The Code of Criminal Procedure as existing today came into force in 1973.
The Code of Criminal Procedure is mainly an adjective law of procedure. But there at the same time some provision that are in the nature of substantive law. The object of the Code is to provide machinery for the punishment of offenders against the substantive criminal law in the Indian Penal Code as well as in other Acts. The Preamble of the Code says that it is an Act to consolidate and amend the law relating to Criminal Procedure. The use of the words ‘law’ indicates that the Code does not only consolidate the provisions as contained in some particular Act but the ‘entire law relating to criminal procedure’ as found in different Acts has been consolidated.
“Search and seizure” refers to the methods used by law enforcement to investigate crimes, track down evidence, question witnesses, and arrest suspects. It also refers to the legal rules governing these methods.
Every citizen has the right to be free from unreasonable government intrusion into his or her person, home, business, and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain circumstances, and through specific methods.
OBJECTIVE
The researcher shall try to explain if the procedure of search and seizure is working against the right to privacy. The idea of establishing a specific guideline for search and seizure in India is to safeguard the fundamental right of every Indian provided under the Constitution. But over the period it has been seen that this procedure has been misused to a great extent. The researcher shall also try and discuss the legality of evidences found through an illegal search and seizure procedure.
CHAPTERISATION
The researcher shall divide this research paper into chapters for a better framework. The first chapter shall be the Introduction. This shall be
INTRODUCTION
OVERVIEW
The Code of Criminal Procedure as existing today came into force in 1973.
The Code of Criminal Procedure is mainly an adjective law of procedure. But there at the same time some provision that are in the nature of substantive law. The object of the Code is to provide machinery for the punishment of offenders against the substantive criminal law in the Indian Penal Code as well as in other Acts. The Preamble of the Code says that it is an Act to consolidate and amend the law relating to Criminal Procedure. The use of the words ‘law’ indicates that the Code does not only consolidate the provisions as contained in some particular Act but the ‘entire law relating to criminal procedure’ as found in different Acts has been consolidated.
“Search and seizure” refers to the methods used by law enforcement to investigate crimes, track down evidence, question witnesses, and arrest suspects. It also refers to the legal rules governing these methods.
Every citizen has the right to be free from unreasonable government intrusion into his or her person, home, business, and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain circumstances, and through specific methods.
OBJECTIVE
The researcher shall try to explain if the procedure of search and seizure is working against the right to privacy. The idea of establishing a specific guideline for search and seizure in India is to safeguard the fundamental right of every Indian provided under the Constitution. But over the period it has been seen that this procedure has been misused to a great extent. The researcher shall also try and discuss the legality of evidences found through an illegal search and seizure procedure.
CHAPTERISATION
The researcher shall divide this research paper into chapters for a better framework. The first chapter shall be the Introduction. This shall be