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Tag: Evidence and Cooperation
Liberty, Evidence and Cooperation: A legal analysis of Jugraj v. State of Punjab
The judgment in Jugraj is a textbook application of the Sibbia doctrine: Faced with a classic scenario Section 438 was designed to address: an individual facing arrest based on weak, potentially inadmissible evidence; by looking past the State's procedural objections to the substantive merits, the Court exercised its wide discretion to protect the appellant's liberty