On 6th December 1948, Shri Alladi Krishnaswamy Iyer [Madras General] at the Constituent Assembly spoke as follows; “The expression due process itself as interpreted by the English Judges connoted merely the due course of legal proceedings according to the rules and forms established for the protection of right, and a fair trial in a court […]
On 2nd August 1949, Kazi Syed Kareemudeen [CP Berar Muslim] at the Constituent Assembly spoke about Amendment moved by Dr. Ambedkar as follows; “Sir, I think the Amendment moved by Dr. Ambedkar is of, to sweeping a character. At least, I do not find in any Constitution in the World, a provision parallel to the[…..]
On 5th November 1948, Shri H. V. Kamath [CP Berar General] at the Constituent Assembly spoke as follows; “On one thing I join issue with Dr. Ambedkar. He was pleased to refer to the villages – I am quoting from a press report in the absence of official copy – as “sinks of localism and[…..]
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR The Sessions Court or First Class Magistrate Court when convicts a person for any offences mentioned in this Section or such person is abetting any such offences, in such case, the Court may take Security from such person to maintain peace. The Security could be taken[…..]
A person who was under lawful detention either escaped or made to escape be arrested immediately, by the person who holds his custody, anywhere in India. In this case, Section 47[1] of Cr.P.C. shall apply to the person who is not a Police Officer yet having authority to arrest.
If a person was arrested without a Warrant and either bail was not taken, he shall be immediately produced before the Incharge of the Police Station or in the Jurisdictional Magistrate Court. No person shall be arrested without a Warrant and kept in custody by the Police for more than 24 hours. Under Section 167[…..]
The Officer Incharge of a Police Station or any other Officer while making an investigation into a case under Chapter XII of Cr.P.C. [Information to the Police and their Powers to Invesigate] ordering his junior to arrest a person without a Warrant either in his presence or in his absence, however such order be in[…..]
When an arrested person, while at the time of his production in the Court or during the period of his custody, pleads for his medical examination, and according to him the same would bring to light his innocence and victimhood. The Court can direct a registered medical practitioner to conduct his medical examination. However, if[…..]
It is lawful for the Doctor to use force on the arrested person to subject him for medical examination. Provided an arrested person is a lady, then her examination could only be conducted under the supervision of the lady medical practitioner.
When a person was arrested for committing an offence, the Police Officer realise that no evidence to prove his offence could be gathered unless he is subjected to medical examination, in such case it is lawful duty of the medical practitioner to conduct medical examination of the arrested person upon request by an Officer not[…..]