HUMAN RIGHTS AND INDIAN CRIMINAL PROCEDURAL LAW: CAN THEY BE CONGRUENT?

Human Rights and procedural laws of any country must be in close consonance with each other because these laws are formulated for better governance. These laws help in the enforcement of the rights of the people; however, it is pertinent to note that not all countries follow a particular parameter to ensure that the human rights are in consonance with the procedural laws. The judiciary is duty bound to keep a check and balance on the same and ensure minimal instances of violations of human rights. It is duty of the judiciary to uphold the constitutional dogmas and ensure that the human rights are not violated and enforced in the way they are supposed to be. In the recent era, the development of victimological jurisprudence has gained importance and the human rights need to be ensured not just for the victims of the crime but also the accused because at times the perpetrators of the offence may just be a scapegoat for the others. The paper focusses on how the various provisions of the code has helped towards the development of human rights jurisprudence and also catered to the creation of an amicable society which shall be beneficial in upholding the constitutional dogmas in consonance with the human rights of the citizens.