1993-2018 ,u ,p vkj lh % iPphl o’kZ&vla[; vk’kk,a Nhrc : Twenty Five Years-billion Hopes & personal liberty” also includes the right to live with human dignity, guarantee against torture and assault by the state or its functionary. Article 22-Guarantees protection against arbitrary arrest without being informed of the grounds of such arrest. Clause (2) of Article 22 directs that the person arrested shall be produced before the nearest magistrate with 24 hours (excluding the time necessary for the journey from place of arrest to the court. 33. Does a citizen shed off his fundamental right to life, the moment a person is arrested? No, the essential right guaranteed by article 21 of Indian constitution cannot be denied to any person under detention, except according to the procedures established by law. 34. What are the punitive provisions contained in the Indian Penal Code which provides punishment for violation of right to life? Section 220- Punishment to an of icer or authority who detains a person with a corrupt or malicious motive. Section 330 and 331 provides for punishment of those who in lict injury or grievous hurt (torture) on a person to extort confession or information related to commission of an offence. 35. In cases of violation of fundamental rights, what kind of compensation is provided? The relief shall be given by way of compensation under the public law jurisdiction for the wrong done, due to breach of public duty by the state of not protecting the fundamental right to life or personal liberty of the citizen. The emphasis has to be on compensatory and not on punitive element. The quantum of compensation is not based upon a strait jacket formula but depends upon the peculiar facts of the case. 34 FORENSIC INVESTIGATION | 23

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