FOREWORD
The life, liberty, and dignity of a person lie at the core of human rights. The
preamble to the Universal Declaration of Human Rights foretold that “it is essential
if man is not to be compelled to have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be protected by the rule of
law.” Article 9 of the Universal Declaration of Human Rights reads that “no one
shall be subjected to arbitrary arrest, detention or exile.”
The Constitution of India contains within it provisions guaranteeing the
rights of the accused. Article 14 guarantees both equality before the law and equal
protection of the laws, whereas Article 21 lays down that “no person shall be
deprived of his life or personal liberty except according to procedure established
by law.” The Supreme Court has enlarged the ambit of fundamental rights. Our
Constitution is embodiment of the human rights. The judicial officers, law
enforcement officers, prosecutors, advocates, and litigants are all involved in the
process of the criminal justice system.
Some changes have taken place in the IPC and CrPC since the first edition
of the book was published in 2007, and with time it was considered necessary
that a new updated version was the need of the hour. The central idea of the
current compilation is to instill a human rights dimension in the understanding
and the application of the various statutory measures deployed by the different
criminal justice functionaries.
The second edition of the book is an outcome of the hard work of Shri Ambuj
Sharma, Former Secretary General and Special Monitor, NHRC. I also appreciate
the sincere efforts made by Shri Bimbadhar Pradhan, lAS, Secretary General, NHRC,
in providing valuable inputs for shaping this book.
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