Swatanter Kumar, C.J.

1. Introduction and L egislative History

1.1 Legislative amendments and judicial pronouncements over a period of time have effectively expanded the scope of the canons of criminal jurisprudence in our criminal justice delivery system. Article 21 of the Constitution has been interpreted to provide the right to every person including an under-trial to live with dignity. No person could be deprived of his life or personal liberty except according to the procedure established by law and also in consonance with Article 21 of the Constitution of India. No person who is arrested shall be detained in custody without informing the person the grounds of his arrest or detention. Such person would be provided a due right to defend himself by a legal practitioner of his choice. In addition to this, various safeguards are provided for the exercise of power by prosecuting agencies and conduct of trials by Courts. The radical change in judicial approach relating to criminal trial, protection of witnesses and the obligation of the Presiding Judge to play an effective role in the evidence collecting process and to elicit all relevant material necessary