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1 - 10 of 20 (1.17 seconds)Section 309 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 258 in The Code of Criminal Procedure, 1973 [Entire Act]
Maneka Gandhi vs Union Of India on 25 January, 1978
After Maneka Gandhi v. Union of India (AIR 1978 SC 597), it can hardly
be disputed that the 'law' (which has to be understood in the sense the
expression has been defined in clause (3)(a) of Article 3 of the
Constitution) in Article 21 has to answer the test of reasonableness and
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R/CR.MA/20191/2014 CAV JUDGMENT
fairness inherent in Articles 19 and 14. In other words, such law should
provide a procedure which is fair, reasonable and just. Then alone, would
it be in consonance with the command of Article 21. Indeed, wherever
necessary, such fairness must be read into such law. Now, can it be said
that a law which does not provide for a reasonably prompt investigation,
trial and conclusion of a criminal case is fair, just and reasonable? It is
both in the interest of the accused as well as the society that a criminal
case is concluded soon. If the accused is guilty, he ought to be declared so.
Social interest lies in punishing the guilty and exoneration of the innocent
but this determination (of guilt or innocence) must be arrived at with
reasonable despatch reasonable in all the circumstances of the case. Since
it is the accused who is charged with the offence and is also the person
whose life and/or liberty is at peril, it is but fair to say that he has a right
to be tried speedily. Correspondingly, it is the obligation of the State to
respect and ensure this right. It needs no emphasis to say, the very fact of
being accused of a crime is cause for concern. It affects the reputation and
the standing of the person among his colleagues and in the society. It is a
cause for worry and expense. It is more so, if he is arrested. If it is a
serious offence, the man may stand to lose his life, liberty, career and all
that he cherishes. (Emphasis added)
In paragraph 86, it was held thus :
"86. In view of the above discussion, the following propositions emerge,
meant to serve as guidelines. We must forewarn that these propositions are
not exhaustive. It is difficult to foresee all situations. Nor is it possible to
lay down any hard and fast rules. These propositions are :