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Suspects' Rights in India - Comparative Law and the Right to Legal Assistance as Drivers for Reform (Hardcover)
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Suspects' Rights in India - Comparative Law and the Right to Legal Assistance as Drivers for Reform (Hardcover)
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This book examines the procedural, cultural, and institutional
framework of custodial interrogation in India. It explores
theoretical and practical perspectives on custodial interrogation
practices in India which have been in urgent need for reform and
critiques the systemic failure on the part of the police in India
to implement suspects' rights uniformly. This volume, - Analyses
the Indian framework of custodial interrogation to identify its
fundamental flaws, and emphasises on the need for having a lawyer
present during custodial interrogation; - Demonstrates significant
evidence on state of suspects' rights in India through comparative
law methodologies with a focus on common law scholarship and
jurisprudence, more particularly England and Wales, and
supplemented by vital empirical research through key interviews
with related institutional parties; - Discusses emerging, seminal
jurisprudence of the European Court of Human Rights on applications
of the right to fair trial at the custodial interrogation stage,
especially shedding light on modern applications of the right to
legal assistance in England and Wales, and radical
Strasbourg-inspired reforms in other European jurisdictions; -
Highlights the right to legal assistance as one of the viable
solutions to break the culture of police lawlessness at this
critical stage of the criminal process. An invigorating study, this
book is aimed at enriching data and hypothesis for academics,
policy makers, civil society organizations, and students working in
the area of law and legal studies, police and policing,
citizenship, and political science.
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