Right to Freedom of Life and Liberty to Convicts, Detained and Accused under Constitutional and Criminal Regime and Practice in India
Lead author · Corresponding
Aishwarya Krishna Kumari Ranawat
Student at Jagannath University, Jaipur, India
Co-author
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.
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