INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

Mediation – The Most Advantageous ADR Mechanism BY - POOJA K

Authors :POOJA K

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Significance Of Rule Of Law In Upholding The Constitutional Orders And Its Impact On Individual Liberties BY - TEJASVA GULATI

Authors : TEJASVA GULATI

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Arrest Of A Person Under Criminal Procedure Code,1973 BY - DISHANT PATIL & SUSHRUT KUVALEKAR

Authors : DISHANT PATIL & SUSHRUT KUVALEKAR

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Feminist Criminology BY - Chahat Kanchan

Authors : Chahat Kanchan

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Customs as a source of Hindu Law BY - Chahat Kanchan

Authors : Chahat Kanchan

Registration ID : 107882 | Published Paper ID: IJLRA7882

Approved ISSN : 2582-6433 | Country : Delhi, India

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GENDER DISCRIMINATION AND GENDER JUSTICE BY - Lalitha. S. & Dr. Amit Anand

Authors : Lalitha. S. & Dr. Amit Anand

Registration ID : 107879 | Published Paper ID: IJLRA7879 & IJLRA7881

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APPLICATION OF THE RULES OF LAW, EVIDENCE AND NATURAL JUSTICE IN ARBITRAL PROCEEDINGS BY - ASHOK KUMAR TIWARI

Authors : ASHOK KUMAR TIWARI

Registration ID : 107878 | Published Paper ID: IJLRA7878

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REFUGEE LEGISLATION IN INDIA: NEED OF THE HOUR. BY - Shristi Shikha

Authors : Shristi Shikha

Registration ID : 107877 | Published Paper ID: IJLRA7877 & IJLRA7880

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FROM COURTROOMS TO COMMUNITIES: INDIAN JUDICIARY AND NGOS TACKLING CHILD DRUG ABUSE BY - TANISHA SINHA

Authors : TANISHA SINHA

Registration ID : 107876 | Published Paper ID: IJLRA7876

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USE OF FORENSIC TECHNIQUES IN POLICE INVESTIGATION IN INDIA: CHALLENGES & SOLUTIONS ABSTRACT by - Devang Bhati

Authors : Devang Bhati

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Doi Link : https://www.doi-ds.org/doilink/06.2024-43325641/USE OF FORENSIC TECHNIQUES IN POLICE INVESTIGATION

International journal for legal research and analysis

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[1] Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24 (India).

[2] Law Commission of India's 129th Report on Urban Litigation – Mediation as an Alternative to Adjudication (1988).

[3] Arbitration and Conciliation Act, sec 75, 1996.

[4] A.K. Rajan, "Mediation in India – A Successful ADR Mechanism," International Journal of Humanities and Social Science Invention 3, no. 6 (2014): 50-56.

[5] P.C. Markanda, "Mediation and Conciliation," Indian Journal of Arbitration Law 2, no. 2 (2014): 67-88.

[6] Justice S.B. Sinha, "ADR and Mediation: The Indian Perspective," in Symposium on ADR in India: Problems and Prospects (2003), highlights the time-saving benefits of mediation.

[7] N. R. Madhava Menon, "A Handbook on Mediation for Legal Practitioners," NLSIU Publications (2013).

[3] Williams, I. (2012). The Tudor Genesis of Edward Coke’s Immemorial Common Law. The Sixteenth Century Journal, 43(1), 103–123. http://www.jstor.org/stable/23210757

1] B. Uma Devi, Arrest, Detention and Criminal Justice System, Oxford University Press, New Delhi, 2012.

[2] Glanville Williams, “When is an Arrest?” 54 The Modern Law Review 408, 408 (1991)

[5] Sec 41 of the Code of Criminal Procedure, 1973 reads as:

“41. When police may arrest without warrant. — (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely: —

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:

[Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.]

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;]

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.]”

[17] (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

[18] (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

[19] (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

[20] (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: 35

1 [Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.]

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

2 [(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.]

[36] Article 21 of Indian Constitution of India, 1950

[37] Article 14 of Indian Constitution of India, 1950

[1] Shah, A. (2019). Feminist Criminology: Flowers are committing Crimes. Retrieved October 10, 2022, from https://heinonline.org/HOL/P?h=hein.journals/supami11&i=134

[2] Waseem, S. (2015). Female Criminality in India: Prevalence, Causes and Preventive Measures. Retrieved October 10, 2022, from https://www.academia.edu/download/55151928/causes_of_crime.pdf

[3] Critical Analysis of Female Criminality in India. (2022). Retrieved October 10, 2022, from https://www.juscorpus.com/critical-analysis-of-female-criminality-in-india/#_ftn7

[4] Haney, L. A. (2000). Feminist State Theory: Applications to Jurisprudence, Criminology, and the Welfare State. Annual Review of Sociology, 26, 641–666. http://www.jstor.org/stable/223460

[1] Madhu Kishwar Vs State of Bihar., AIR 1996 SC 1864.

[2] Satish Menon Vs State of M.P. AIR 2009 MP185.

[3] Vishaka Vs State of Rajasthan AIR 1997 SC 3011.

[4] Daniel Hailey Walcott Vs state AIR 1968 MAD 349.

[6] Article 1 of The UN Declaration on Elimination of Violence against Women (1993).

[7] Dattatraya v. State of Bombay AIR 1952 SC 181.

[8] Sadhuram Basnal Vs Pulin Behari Sarkar AIR 1984 SC 1471.

[1] Mahika Khosla, The Geopolitics of India’s Refugee Policy, Stimpson.org, September 22, 2022, https://www.stimson.org/2022/the-geopolitics-of-indias-refugee-policy/

[2] Saurabh Bhattacharjee, India needs a Refugee Law, 43, no. 9 Economic and Political Weekly, pg. 71-75

[3] United Nations, Universal Declaration Of Human Rights, 1948.

[4] 1991 AIR 1886, 1991 SCR (3) 149

[5] 1996 AIR 1234, 1996 SCC (1) 742

[6] AIR 1997 SC 3011

[7] Criminal Writ Petition No. 60 of 1997; Crl. W. 60/97

[8] (1991) 3 SCC 544.

[9] Chairman, Railway Board vs Chandrima Das, (2000) 2 SCC 465; MANU/SC/0046/2000

[10] Mohammad Sadiq vs Government of India, 2004

[11]Saurabh Bhattacharjee, India needs a Refugee Law, 43, no. 9 Economic and Political Weekly, pg. 71-75

[12] Shivangi Seth, Why India needs a Refugee Law, 25^th July, 2022, The Lowy Institute, https://www.lowyinstitute.org/the-interpreter/why-india-needs-refugee-law

[13]Saurabh Bhattacharjee, India needs a Refugee Law, 43, no. 9 Economic and Political Weekly, pg. 71-75

[14] Omar Chaudhary. “Turning Back: An Assessment of Non-Refoulement under Indian Law, vol. 39, no. 29 Economic and Political Weekly, 2004, pp. 3257–64.

[1] ‘The Importance of Forensic Science in Criminal Investigations and Justice’ (IFF Lab26 December 2017)

[2] ‘Development of Forensic Science and Criminal Prosecution-India.’ (Ijsrp.org2023)

www.ijsrp.org/research-paper-1214.php?rp=P363493> accessed 5 January 2024

[3] Gaur M, ‘Examining the Role of Forensic Science for the Investigative -Solution of Crime’ (2018) 5

www.jetir.org/papers/JETIREP06090.pdf>

[4] The Indian Evidence Act, 1872, No. 1, Acts of Parliament, 1872 (India)

[5] ‘Evidentiary Value of Expert Evidence under Indian Evidence Act, 1872’ (World’s Largest Collection of Essays! Published by Experts3 June 2013) www.shareyouressays.com/knowledge/evidentiary-value-of-expert- evidence-under-indian-evidence-act-1872/119180> accessed 5 January 2024

[6] The Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India)

[7] The Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India)

[8] The Information Technology (Amendment) Act, 2008, No. 21, Acts of Parliament, 2000 (India).

[9] The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1985, No. 61, Acts of Parliament, 1985 (India)

[10] The DNA Technology (Use and Application) Regulation Bill, 2019, 128 of 2019

[11] Selvi vs State of Karnataka, , (2010) 7 S.C.C. 263

[12] Tomaso Bruno and Anr. v. State of Uttar Pradesh, (2015) 7 S.C.C. 178(India)

[13] Sandeep v. State of Uttar Pradesh (2012) 6 S.C.C. 107 (India)

[14] Surendra Koli vs State of U.P., (2011) 4 S.C.C. 80 (India)

[15] Prachi Kathane and others, ‘The Development, Status and Future of Forensics in India’ (2021) 3 Forensic Science International: Reports 100215

www.sciencedirect.com/science/article/pii/S2665910721000463?via%3Dihub> accessed 5 January 2024

[16] Daily Pioneer, ‘INADEQUATE FORENSIC LABS DELAY JUSTICE’ (The Pioneer27 August 2022)

IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

Mediation – The Most Advantageous ADR Mechanism BY - POOJA K

Significance Of Rule Of Law In Upholding The Constitutional Orders And Its Impact On Individual Liberties BY - TEJASVA GULATI

Arrest Of A Person Under Criminal Procedure Code,1973 BY - DISHANT PATIL & SUSHRUT KUVALEKAR

Feminist Criminology BY - Chahat Kanchan

Customs as a source of Hindu Law BY - Chahat Kanchan

GENDER DISCRIMINATION AND GENDER JUSTICE BY - Lalitha. S. & Dr. Amit Anand

APPLICATION OF THE RULES OF LAW, EVIDENCE AND NATURAL JUSTICE IN ARBITRAL PROCEEDINGS BY - ASHOK KUMAR TIWARI

REFUGEE LEGISLATION IN INDIA: NEED OF THE HOUR. BY - Shristi Shikha

FROM COURTROOMS TO COMMUNITIES: INDIAN JUDICIARY AND NGOS TACKLING CHILD DRUG ABUSE BY - TANISHA SINHA

USE OF FORENSIC TECHNIQUES IN POLICE INVESTIGATION IN INDIA: CHALLENGES & SOLUTIONS ABSTRACT by - Devang Bhati

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[15] 1994 SCC (4) 260

[16] 1997 (1) SCC 416

[21] 1996ACJ199

[22] 1995 (3) SCC 743

[23] 2003 AIR SCW 5512

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