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Analysis Of Due Process And Procedure Established By Law In Criminal Justice Administration

Adv. Priyanka Dutta, Galgotias University


Article 21 of our Constitution provides Protection of Life and Personal Liberty which states No person shall be deprived of his life or personal liberty except according to the procedure established by law. Therefore, a question arises what is the procedure established by law.

Procedure established by law means a person can be deprived of personal liberty or even life according to the procedure established by law. Hence, if the parliament passes a law, then the personal liability and life of an individual can be taken off according to that law’s procedures and provisions.

Whereas Due process of law prohibits the state from taking actions that shall deprive an individual from their rights to safety, liberty or life. Due process of law is the doctrine that checks for laws depriving life and personal liberty of an individual and checks if the law is fair, not arbitrary and just. If the Supreme Court finds any law that is not fair, they will declare the law void and null. This doctrine provides more fair treatment of an individual’s rights. Due process is the legal requirement required by the state to respect all the rights owed to a person.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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