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Sanjay Kumar jain & Viplav Kumar Choudhry Police Powers

From Bharat Law House Private Limited
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Author :Sanjay Kumar jain & Viplav Kumar Choudhry

Publisher :Bharat Law House Private Limited

ISBN No :978-9348080004

SKU :BLH257

Edition :1st Edition, 2025

Format :Paperback

HSN No :49011010

Country Region :India

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Description

This authoritative work offers a comprehensive exploration of the legal contours of police powers in India. The authors, both eminent legal scholars, examine the constitutional, statutory, and judicial frameworks that govern police conduct, including arrest, investigation, search and seizure, preventive detention, custodial rights, and accountability mechanisms. With a balanced approach to theory and practice, the book delves into landmark judgments, human rights perspectives, and the evolving role of law enforcement in a democratic society. It is an essential resource for legal professionals, law enforcement officers, students, and anyone seeking to understand the limits and responsibilities of policing power in India.

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Content

Contents

  1. Introduction to Police Powers

    • Meaning and Scope

    • Historical Development of Police Law

    • Constitutional Position of the Police in India

  2. Police and the Indian Constitution

    • Fundamental Rights and Police Powers

    • Article 21 and Procedure Established by Law

    • Judicial Oversight and Constitutional Safeguards

  3. Powers of Arrest

    • Arrest Without Warrant (Sec. 41 CrPC)

    • Arrest With Warrant

    • Rights of Arrested Persons

    • Landmark Supreme Court Guidelines (DK Basu Case)

  4. Search and Seizure

    • Powers under CrPC

    • Judicial Requirements for Valid Search

    • Electronic Surveillance and Digital Evidence

  5. Investigation Process

    • FIR: Registration and Importance

    • Role and Discretion of the Police in Investigation

    • Charge-Sheet and Final Report

    • Role of Magistrate in Monitoring Investigation

  6. Preventive Powers of Police

    • Preventive Arrest (Sec. 107–151 CrPC)

    • Public Nuisance and Maintenance of Order

    • Powers during Public Assemblies and Protests

  7. Police Custody and Remand

    • Police Custody vs. Judicial Custody

    • Rights During Custody

    • Medical Examination and Legal Aid

  8. Police Accountability and Abuse of Power

    • Custodial Deaths and Torture

    • Role of NHRC and State Human Rights Commissions

    • Internal Disciplinary Mechanisms

    • Need for Police Reforms

  9. Special Laws and Police Powers

    • UAPA, NDPS Act, and Other Special Legislations

    • Enhanced Powers and Due Process Concerns

    • Terrorism and Surveillance

  10. Role of Judiciary in Regulating Police Powers

    • Judicial Activism and Police Conduct

    • PILs and Police Reforms

    • Important Case Laws

  11. Recent Trends and Developments

    • Supreme Court Directions on Police Reforms

    • Use of Technology in Policing

    • Community Policing and Democratic Accountability

  12. Appendices

    • Relevant Statutory Provisions (Extracts)

    • Model FIR & Arrest Memo

    • Guidelines by NHRC and Law Commission Reports

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Sanjay Kumar jain & Viplav Kumar Choudhry Police Powers

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