Report No. 87
1.9. Guidelines in judicial pronouncements.-
This is a comparatively recent development and not all the aspects of legislation restricting personal liberty have yet come before the courts for being tested in the light of the criteria1 laid down by the Supreme Court3. One cannot, therefore, with very great confidence, assert that this or that restriction on personal liberty would, or would not, meet the criteria so laid down. However, such guidelines as are available from judicial pronouncements on the subject rendered so faro have been kept in mind by us in formulating our recommendations. We have considered this to be particularly necessary, since the subject touches a sensitive area of human rights-bodily integrity and interference with it at the instance of the State, although such interference may be in the cause of the prevention and detection of crime.
1. Para. 1.8, supra.
2. Appendix 3.
3. Appendix 3.