Mapping Criticality In The Process Of Custody And Remand

Prerna, LLM, National Law University, Delhi (India)

INTRODUCTION

Criminal law is the powerful tool in the hands of the state for maintenance of law and order as well as for the protection of the society. This is achieved by the state through establishment of a set of rules and regulations that prohibit certain behaviors and actions, and by imposing penalties or punishments for those who violate these rules. With punishment comes the power of the state to curtail the liberty of the accused persons. And this power of the State has been circumcised by the constitutional provisions, as the curtailment of liberty cannot be done except by “procedure established by law” and this procedure must be just, fair and reasonable. The Constitutional constraints aim to ensure that in the process of obtaining justice for one, injustice is not caused to others.

In India, there is Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C’) which lays down the procedure for administration and enforcement of substantive criminal law, with the principal object to ensure that the accused gets a full and fair trial in accordance with the well-established principles of natural justice and Constitution. The code in its various provisions, provides for the detailed procedure related to all the stages of involved in a criminal case.