SHORT ANSWER:
Higher courts ensure that constitutional protections against unlawful detention are upheld by reviewing cases under the CrPC and the Preventive Detention Act.
DETAILS:
- Higher courts, like the Supreme Court and High Courts, have the power to issue writs to protect individual rights.
- They can review the legality of detention under the CrPC and the Preventive Detention Act.
- Courts can provide relief if detention is found to be unlawful or without proper procedure.
PUNISHMENT / IMPLICATIONS (if applicable):
- Unlawful detention can lead to compensation for the victim and disciplinary action against officials involved.
SOURCE:
- Constitution of India, Code of Criminal Procedure (CrPC), Preventive Detention Act
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