2018•Journal of Emerging Technologies and Innovative ResearchRequires access

COMPARATIVE ANALYSIS OF THE LAW ON SEARCH AND SEIZURE IN INDIA AND THE USA

Sidhartha Sekhar Dash

Abstract

The principles of search and seizure of India and the USA are mostly similar. Both the states follow constitutional forms of governments, though the USA leans more for federalism, India has a federal structure but unitarily biased. India has a common procedure and also constitutional principles developed regarding search and seizure. The USA also has robust constitutional principles on search and seizure. The scope of the paper is to explore those principles in both countries. The paper concludes with a finding that judiciaries in both the counties have struck a balance between facilitation for criminal investigation and the liberty of a citizen.

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Key concepts: Search and seizure, Scope (computer science), Federalism, Balance (ability), Political science, Law, Law and economics, Economics