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Right to Freedom of Life and Liberty to Convicts, Detained and Accused under Constitutional and Criminal Regime and Practice in India
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Aishwarya Krishna Kumari Ranawat
Student at Jagannath University, Jaipur, India
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Dr. Monica Singh
Professor at Jagannath University, Jaipur, India
Abstract
This paper critically examines the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution and how it applies to convicts, undertrial prisoners, and detainees. It explores the evolution of judicial interpretations, statutory reforms introduced through the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), and the practical challenges in the criminal justice system that impede the realization of these rights. Through extensive case law, legislative analysis, and comparison with international standards, this paper highlights systemic gaps and proposes reformative measures aimed at ensuring dignity, justice, and constitutional compliance within the penal system.
Keywords
- Fundamental rights
- Article 21
- Criminal justice system
- Custodial rights
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2749 - 2768
DOI: https://doij.org/10.10000/IJLMH.1110175Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021