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ARTICLE · 19 APRIL 2022

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The Criminal Procedure (Identification) Bill, 2022: Caging Freedom In Henhouse

Khurana & Khurana, Advocates and IP Attorneys
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The legal systems across the globe have accepted the ideas of justice, fairness, equality, and reasonableness as the cornerstones of their nations.

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The legal systems across the globe have accepted the ideas of justice, fairness, equality, and reasonableness as the cornerstones of their nations. Our forefathers inscribed them as a sacred pledge in the glorious Constitution. They are the golden thread that weaves the fabric of the country and forms the bedrock of any law formulated thereof. The Hon'ble Supreme Court reiterated this in the landmark case of Maneka Gandhi v Union of India1 where it said that procedure should be just, fair and reasonable. We have followed the approach of J.S. Mill where he says that 'restraint over a person in a civilized society is just only if prevents harm against others.'2 Procedure is the handmaid of justice and not its mistress. Justice cannot be compromised on the part of one party for the benefit of others.

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