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