CEU Electronic Theses and Dissertations, 2017
| Author | Mane, Amit Anil |
|---|---|
| Title | Right to liberty and arrest: comparative study of india from international perspective |
| Summary | I. The Government of India under the circumstances of increasing the number of complaints against the police of misusing the power of arrest and under the recommendation of the Law Commission of India has amended the Section 41of the Code of Criminal Procedure, in the year 2008. However, there is no any study available that reviewed the scope of restriction laid down on the police power to arrest a person. Therefore, this thesis compares the relevant provisions of the India with the international conventions such as ECHR and the ICCPR on the ‘right to liberty’. After analysis, thesis argued that though, all three jurisdictions ensures the protection of ‘right to liberty’ and share the common understanding of the principles of protection from ‘arbitrary’ deprivation of liberty. The Article 9 of the ICCPR does not specify the grounds for deprivation of liberty like the Article 5 of the ECHR. Moreover, this thesis also argued that threshold sets by the national jurisdiction of India under the notion of ‘reasonable suspicion’ is less restrictive than the ECHR. Moreover, the requirement of an additional reason for the deprivation of liberty is restricted for an offense punishable up to seven years. Hence, amendment of 2008 does not affect the police discretionary power of arrest for offenses punishable by more than seven years. |
| Supervisor | Ajevski, Marjan |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/mane_amit.pdf |
Visit the CEU Library.
© 2007-2021, Central European University