DR.

RAM MANOHAR LOHIYA,

NATIONAL LAW UNIVERSITY, LUCKNOW

2017-2018

CRIMINAL PROCEDURE CODE

[synopsis]

ON

ENHANCED FUNDAMENTAL RIGHTS AGREED BY INDIAN CONSTITUTION TO

THE CRIMINALLY ACCUSSED PERSON: ARE SAFEGUARDS BEING
REDUCED?

SUBMITTED BY: UNDER THE GUIDANCE OF:

KANISHK GAUTAM DR. PREM KUMAR GAUTAM

ROLL NO: 65 ASSITANT PROFESSOR (LAW)

SECTION ‘A’ DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER V NATIONAL LAW UNIVERSITY

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AIM AND OBJECTIVE

Bail Reforms is supposedly one of the few most important topics in the Code of Criminal
Procedure. The hullabaloo revolves around the role that court plays in granting such bails.
This project tries to explain this concept of bail and bail reforms and their legal implications.
It shed slight on the present Indian scenario and while doing so also addresses the recent
provisions in this regard.

RESEARCH METHODOLOGY

For the purpose of making this project doctrinal research methodology has been
adopted. While researching on the topic, various law journals, books and specialists have
been consulted. For thorough study of project topic, all the possible means and measures have
been used. The project topic has been elaborated to best of knowledge and available
information.

INTRODUCTION
The project includes the rights of the accused at the time of arrest, at the time of search and
seizure, during the process of trial and the like. When the researcher was faced with the task
of selecting a specific aspect of the rights of the accused, she chose to concentrate on the
rights of the arrested person. Thus, this project shall focus on this specific aspect.
The definition of arrest is “a restraint of a man’s person, obliging him to be obedient to the
law”. Arrest means the total restraint and complete deprivation of liberty of a person by legal
authority or at least, by apparent legal authority. It has also been defined as “to restrain or
detain a person by lawful authority”.

It has been observed by the Supreme Court that the law of arrest is one of balancing the
rights, liberties and privileges of the individual on one hand, and his duties, obligations and
responsibilities on the other. Arrest is also about balancing the rights of the individual with
that of society’s rights since a person is normally arrested for a crime that is usually defined
as a wrong against society. In recent times, much attention has been focussed on the way the
police treat arrested persons.

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TENTATIVE INDEX

1. INTRODUCTION
2. HANDCUFFS – A NECESSITY (SEC.49 OF CRPC)
3. WHAT MAKES HANDCUFFING A NECESSITY (SEC.50 CRPC
4. HOURS – DEADLINE OR GUIDELINE? (SEC.57 OF CRPC
5. CONCLUSION
6. BIBLIOGRAPHY

Bibliography

Websites:

1. www.pucl.org
2. www.hinduonnet.com
3. www.lawcommissionofindia.nic.in
4. www.mightylaws.in

Books:
1. D. D. Basu, Criminal Procedure Code, 1973, Ashoka Law House, New Delhi, 2001.
2. R. V. Kelkar, Criminal Procedure, Eastern Book Co., Lucknow, 1998.
3. Ratanlal and Dhirajlal, The Code of Criminal Procedure, Wadhwa and Co., New
Delhi, 1998.

Miscellaneous:

1. The Constitution of India, 1950.

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2. 177th Law Commission Report, “Consultation Project on the Law relating to Arrest”at
<http://lawcommissionofindia.nic.in/reports/177rptp2.pdf>.