“No person shall be deprived of his life or personal liberty except according to procedure established by law”, says Article 21 of the 1950 Indian constitution. The negative covenant prescribed by this article does not prevent the state from killing a person or incarcerating a person – the only restriction on this right to kill or imprison is that the state must follow some procedure which has been prescribed.
It is the right of every citizen, and the duty of every law enforcer to know the procedures which permit the removal of a person from society, whether permanently or temporarily. By and large, the due procedure that is followed today is contained in the Code of Criminal Procedure – a law enacted by the Parliament of India in early 1974. One of the main reasons for the consolidation of the procedural code was the desire of the parliament and the recommendation of the first Law Commission that every effort should be made to avoid delay in investigation and trial which is harmful not only to the individuals involved but also to society.
