Balancing Crime Control And Fundamental Rights
- IJLLR Journal
- Jun 12
- 1 min read
Shubh Gandhi, Thakur Ramnarayan College of Law
ABSTRACT
As a lawyer with a deep interest in constitutional rights and criminal justice, I have often found myself grappling with the complex balance between the necessity of policing and the protection of civil liberties. This article delves into the legal boundaries of police power in India, particularly focusing on instances where these powers have been misused, resulting in wrongful arrests, illegal detentions, and custodial violence. Drawing upon landmark judgments like D.K. Basu v. State of West Bengal and real-life cases such as the custodial deaths of Jayaraj and Bennix, the piece critically examines the gap between legal safeguards and actual police conduct. Through this article, I attempt to explore not only the statutory framework laid down in the CrPC and IPC but also the urgent need for judicial oversight, police accountability, and systemic reforms. My aim is to highlight that ensuring public order should never come at the cost of eroding fundamental rights, and that meaningful reform begins with awareness, legal literacy, and civic engagement.
