Case Analysis: Jagbir V. State Of Punjab, AIR 1998 SC 3130

Jay Wadhwa & Aditie Sinha, Symbiosis Law School, Noida

INTRODUCTION

Jagbir v State of Punjab, AIR 19981, is a landmark case in the Indian legal system, which dealt with the question of extrajudicial confessions and their admissibility in a court of law. The case is significant in that it clarified the legal position on the admissibility of extrajudicial confessions and provided guidance to the lower courts on the appropriate approach to such evidence.

Due process of law refers to the principle that the government must follow fair and just procedures when it takes action that affects the rights and interests of individuals. It is a fundamental principle of the rule of law that ensures that the government acts in a fair and impartial manner, and that individuals are protected against arbitrary or unjust actions by the state.2 A violation of due process of law occurs when the government fails to follow fair and just procedures, or when an individual's rights and interests are not protected in accordance with the law. This can happen in a variety of contexts, such as during a criminal trial, in a government administrative proceeding, or in the enforcement of a law or regulation.

Every citizen's life and individual freedom are safeguarded under Article 21 of the Indian Constitution. It declares that no one may be robbed of their life or personal freedom until doing so in accordance with the legal process. This means that any sustained interrogation or questioning by the authorities must be done in accordance with the legal procedures and protections guaranteed under the constitution and Indian laws. The article ensures that individuals are not subjected to arbitrary detention or abuse of power by the state or its agents.