Prejal Shah
Suspects' Rights in India: Comparative Law and the Right to Legal Assistance as Drivers for Reform
Suspects' Rights in India: Comparative Law and the Right to Legal Assistance as Drivers for Reform
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This book examines the procedural, cultural, and institutional framework of custodial interrogation in India and critiques the systemic failure on the part of the police to implement suspects' rights uniformly. It suggests the right to legal assistance as a viable solution to break the culture of police lawlessness.
Format: Paperback / softback
Length: 250 pages
Publication date: 25 September 2023
Publisher: Taylor & Francis Ltd
This comprehensive book delves into the intricate framework of custodial interrogation in India, examining its procedural, cultural, and institutional aspects. It explores theoretical and practical perspectives on custodial interrogation practices, highlighting the urgent need for reform. The book critiques the systemic failure of the police in India to uniformly implement suspects' rights, emphasizing the importance of having a lawyer present during interrogation.
Through a comparative law methodology, the book provides significant evidence on the state of suspects' rights in India, comparing them with common law scholarship and jurisprudence, particularly from England and Wales. Empirical research through key interviews with relevant institutional parties further sheds light on the issue.
The book also discusses emerging jurisprudence of the European Court of Human Rights on applications of the right to a fair trial during custodial interrogation. It highlights modern applications of the right to legal assistance in England and Wales and radical Strasbourg-inspired reforms in other European jurisdictions.
The right to legal assistance is identified as a viable solution to break the culture of police lawlessness at this critical stage of the criminal process. This book serves as a valuable resource for academics, policy makers, civil society organizations, and students engaged in law and legal studies, police and policing, citizenship, and political science. It enriches the data and hypotheses in these fields, contributing to a deeper understanding of custodial interrogation in India and its implications for justice and human rights.
Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032081250
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