( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

Impact Factor* - 6.2311


**Need Help in Content editing, Data Analysis.

Research Gateway

Adv For Editing Content

   No of Download : 105    Submit Your Rating     Cite This   Download        Certificate

RIGHT TO FAIR PROCEDURE : A LEGAL APPROACH

    1 Author(s):  DR. AKHAM RAJASHREE DEVI

Vol -  8, Issue- 6 ,         Page(s) : 122 - 126  (2017 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Imprisonment is the common method of punishment resorted to by almost all the legal systems' History stands proof of its employment in ancient times. Initially the purpose of imprisonment was two folds: deprivation of the prisoners, social life and his segregation from society as a security measure. In course of time however, several purpose such as deterrence in a capitation and reformation came to be recognized even if it does not have any determent value, imprisonment at least compels the prisons to sit at leisure repent his past conduct and then change his attitude and behaviour.

  1.   Prison system which is a method of handling criminals was a result of historic incidents. The great prison in Rome was built by Pope Tunocent X with 55. The 17th and 18th Century saw the rise of prisons, jail and houses of correction etc. See John Leurs, ‘Gillian Criminology and Penology’ (New York Renteledge 1977)
  2.   Ibid : p381
  3.   Ibid
  4.   Section 10(d) of the Indian Citizenship Act, 1955 prescribes that a citizen by naturalization or registration  loses his citizenship if he has within five years of its acquisition have been sentenced in any country to imprisonment for a term not less than two years.
  5.   Bangia, R.K. ‘Law of Torts’ (Allahabad Law Agency 1989) P120
  6.   Sunil Batra(i) Vs Delhi Administration AIR 1978 SC 1675
  7.   Ibid
  8.   Art. 20(1), Art 20(2), Art. 20(3), Art. 21, Art. 22(1-3), Art. 22(4-7)
  9.   Sunil Batra(i) Vs Delhi Administration AIR 1980 SC 579
  10.   State of Maharastra Vs Prabhaskar Pandurang AIR 1966 SC 421
  11.   Art.21 “No person shall be deprived of his life or personal liberty except according to procedure established by laws.”
  12.   Art. 21 of Indian Constitution
  13.   A.K. Gopalan Vs State of Madras AIR 1950 SC 27
  14.   State of Maharastra Vs Prabhakar Pandunang AIR 1966 SC 124
  15.   DBM Patnaik Vs State of Andhra Pradesh AIR 1974 SC 2092
  16.   Sec 3 (I) of Prisoners Act, 1894
  17.   Supra, n 132, p2093
  18.   R.Rajagopal and another Vs State of Tamil Nadu AIR 1972 SC 626

*Contents are provided by Authors of articles. Please contact us if you having any query.






Bank Details