Challenging the Nexus: Section 43A CPC in Constitutional Interpretation
constitutional clat_pg intermediate concept_confusionDosto, I've been scratching my head over Section 43A of the Criminal Procedure Code (CPC) and its application in Constitutional Law. Specifically, the part that states the court can order a person to be sent to a rehabilitation centre for 'rescue operation' is giving me jitters. Isn't it a contradiction in terms to treat a person as both the victim and the perpetrator? The CPC itself is based on the principles of 'rescue operation' but what if the accused is also the victim of circumstances, say, human trafficking or something? Doesn't that nullify the whole idea of holding them accountable? Can someone clarify the reasoning behind this doctrine for me? Is it a matter of reading between the lines or is it just me missing the point?
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