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The Concept of 'Reasonableness' as a yardstick for much of the Substantive and Procedural Criminal Law

By Dr. Subhash Chandra Singh

Published In

Cri LJ 1998

Reasonableness is the yardstick for much of the law. Pragmatically, the definition of those acts defined as crimes and their penalities is largely determined by what seems reasonable from the common man's standard. The term reasonableness is used in many phrases in legal context, especially, in procedural criminal law, generally signifying that what is agreeable to reason, not irrational, extravagant, or excessive, nor yet trivial, and hence coming to moderate. The concept of reasonableness is the touchstone of the judicial interpretation and the procedural criminal law. The criminal justice system hold that all the three wings -- the police, the prosecution and the Courts are accountable to the basic tenets of human rights and are expected to act reasonably in administering the justice system. The principle of reasonableness is a lawful restraint on the arbitrary exercise of power by the operators of criminal justice system. The Indian Constitution is a document of reasonab ....

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