3 Review(s)

A society, to be considered civilised, must meet with certain parameters. One such indicator of a civilised society is the intensity with which human rights of its citizens is preserved against the backdrop of its criminal justice system. This nexus attracts dispute owing to the fundamental question- What are the human rights that deserve protection within criminal procedure? and more importantly, To what extent should the same be protected when the interests of the suspect or accused are absolutely divergent to the interests of the society? A difficult question to answer, this, in a democracy like India, is entrusted to the judiciary that aims to reconcile both the interests by striking equilibrium, using rule of law. This has never been an easy assignment. Both the interests need to be juxtaposed so as to touch an even balance since increased prominence on one comes at the cost of the other. Nevertheless, the Apex Court of our country has, through enlightened, humanistic and liberal interpretation, expanded the rights offered to suspects and accused, keeping in mind the interests of the innocent mass and preventing the abuse of power by the police authorities of the country.