POLICE AND JUDICIAL PROCESS IN INDIA: A DISCUSSION
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DOI:
https://doi.org/10.55662/Abstract
In the Indian society the police functions within the legal framework of the Constitution of India, 1950 and the Municipal Laws; comprising mainly the Code of Criminal Procedure, 1973, the evidence Act, 1872, the Protection of Human Rights Act, 1993 and the Police Act etc. Though the wide range of statutory laws constitute the normative basis for the Police functions but at the actual functional level often doubts and controversies arise regarding the ambit and interpretations of the statutory rules, thereby calling for frequent adjudications by the courts. In the tradition of the Theory of Precedent the judgments of the appellate courts have a binding or persuasive value for the later decisions on the point. Particularly the judgments of the Supreme Court of India which being the apex court has been accorded the highest precedential value in terms of Article 141 of the Constitution. The Supreme Court rulings constitute the binding law on all the courts as well as other State agencies; violation of which can entail contempt proceedings. Similarly, for the concern State the judgements of the relevant High Court constitute the binding law.
This article endeavour attempts a compilation of the significant Supreme Court and High Court rulings in India
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