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CRIMINAL PROCEDURE CODE[1], 1973
QUESTION BANK
Q.1. Discuss the salient features of the Criminal Procedure Code, 1973.
SHORT NOTES
- Introduction to Cr. P. C.
SYNOPSIS
I] ADJECTIVE (PROCEDURAL) LAW
II] OBJECT OF CRIMINAL PROCEDURE CODE
III] HISTORICAL BACKGROUND
IV] SCHEME OF THE CODE
I] ADJECTIVE (PROCEDURAL) LAW:-
All Laws may be classified into –
(1) Substantive Laws[2]; and
(ii) Adjective (Procedural) Laws[3].
Substantive Laws are those which define the rights, duties, and liabilities of the parties. Indian Penal Code, Indian Contract Act, and the Transfer of Property Act are instances of substantive law.
Whereas, Adjective Laws are those which define the rules relating to pleading and procedure by which substantive Laws are applied in practice. Civil Procedure Code, Criminal Procedure Code, and the Indian Evidence Act are the Adjective or Procedural Laws. Indian Evidence Act lays down the rules for taking evidence before the court; the Criminal Procedure Code lays down procedure as to procedure in criminal matters right from investigation to the trial, whereas C.P.C. lays down the procedure for conducting civil matters before the court.
A is prosecuted for murder. Here, the punishment provided by the Indian Penal Code in S.302 is either death or imprisonment for life (Substantive Law determining the liability of A and the right of the state to prosecute A). However, A cannot directly be hanged or sentenced to life imprisonment unless the commission of murder by A is proved. The commission of murder needs to be proved before the Court with the help of Adjective Laws. C saw A beating B, and D saw A and B moving towards the place where B’s murder took place. This needs to be established before the Court. When the facts are established before the court (through evidence and with provisions of Cr. P.C), then only it either will convict A for B’s murder or acquit him, thereby; either establishing the state’s right of prosecution and liability of ‘A’ for murder, or right of A of acquittal.
Similarly, X enters into a contract with Y, promising to sell his house, and Y promises to pay Rs. 2,00,000/-. On breach of contract by either party, the aggrieved party comes to the Court to get his right established. The right of the aggrieved party and liability of defaulting party and remedies thereto for breach of contract are provided in the Indian Contract Act (substantive law). However, the Court cannot decide the rights and liabilities of the parties unless the existence of a contract between X and Y is proved through the provision of the Evidence Act and C.P.C.
II] OBJECT OF CRIMINAL PROCEDURE CODE:-
The Law of criminal procedure is intended to provide a procedure for enforcing criminal Law. Without proper procedural Law, the substantive criminal Law (e.g., Indian Penal Code, Food Adulteration Act, Anti-Corruption Act, etc.), which defines offences and provides punishments for them, would be useless. The mere threat of punishment in substantive criminal Laws to offenders would be meaningless without the law of criminal procedure.
Thus, the Law of criminal procedure is meant to be complementary to Criminal Law and has been designed to ensure the process of its administration. In other words, the object of the Criminal Procedure Code is to set out a body of rules which should be followed in the investigation, inquiry, or trial of offences under the Indian Penal Code and other criminal laws. The Law of Criminal Procedure creates the necessary machinery for detecting crime, arresting suspected criminals, collecting evidence, determining the guilt or innocence of a suspected person, and imposing proper punishment on the guilty person. It also balances the need to give discretionary powers to the functionaries (officers) under the Code to make the investigating and adjudicative processes strong and effective. Moreover, it makes rules to prevent these powers’ probable misuse or abuse.
Code of Criminal Procedure is mainly procedural (adjective) Law; however, some of its provisions are of substantive character, e.g., maintenance of wives and children, habeas corpus proceedings, security proceedings or procedures for maintenance of Law and order, etc.
III] APPLICABILITY OF THE CODE OF CRIMINAL PROCEDURE, 1973:-
The Code of Criminal Procedure is applicable to all criminal proceedings (i.e., under the Indian Penal Code and other special Laws) in the whole of India (except the States of Jammu and Kashmir and Nagaland and the Tribal areas in Assam). However, in respect of offences under other ‘Special Acts[4]’ (like Food Adulteration, Anti-Corruption, etc.), it shall not so apply if a special procedure is prescribed in such Acts. Such a special procedure may be either complete or may cover some of the matters of the Act, and the Code of Criminal Procedure shall apply to the remaining part. In short, the procedure laid down by the Special Law shall override the general procedure laid down under the Code of Criminal Procedure.
IV] HISTORICAL BACKGROUND:-
Before 1882, there was no uniform Code of Criminal Procedure for the whole of British India. Mohammedan Criminal Procedural law was applicable in Mofussil (Provinces), whereas the British Criminal Procedure Code was applicable in Presidency -Towns. There was chaos and no uniformity in criminal proceedings. To avoid this situation first time in 1882, the Code of Criminal Procedure was enacted for the whole of India. It was replaced by the Code of Criminal Procedure in 1898. The Code of 1898 underwent radical changes by the amendment Acts of 1923 and 1955.
However, there was a constant demand for the revision of the Code, and the Law Commission was appointed to conduct a detailed study and suggest changes. Law Commission submitted its report in 1969 suggesting the following changes-
(i) An accused person should get a fair trial in accordance with the accepted principles of natural justice.
(ii) Every effort should be made to avoid delay in investigation and trial, which is harmful to the individual involved and society.
(iii) The procedure should not be complicated and, to the utmost extent, ensure a fair deal for the poorer community sections.
In light of the commission’s recommendations, the legislatures enacted the Code of Criminal Procedure 1973.
V] SCHEME OF THE CODE:-
The Code makes detailed provisions for investigation, inquiry, and trial of criminal cases. The criminal matter proceeds with the first stage of the investigation, which starts with the first information report of the crime to the Police. Thereafter, a police officer starts an investigation into the matter. Police officer proceeds to the spot of the crime, ascertain facts, effects discoveries, arrest the accused, and collect evidence. After completion of the investigation, the Police officer files the Charge sheet (all documents, statements, and reports of investigation officers) to the Magistrate (Court). Then starts the second stage, i.e., inquiry, which is related to the Magistrate. The magistrate, after receiving the chare-sheet, verifies it and decides whether the evidence brought before it is sufficient to conduct a trial against the accused brought before it. If the Magistrate satisfies that the evidence brought before it by the police is sufficient to conduct a trial against the accused, the third stage of the trial starts. The third and final stage of the trial is also related to the Magistrate or Court of Session. In this stage, the evidence is taken on oath before the Court according to the statements of witnesses and reports of experts, etc. After completion of the trial, the Court either convicts or acquits the accused. In other words, the trial ends in either conviction or acquittal of the accused.
The Code consists of 484 Sections and two Schedules. In two Schedules, the first consists of the Classification of offences into bailable and non-bailable, cognisable and non-cognizable offences, and by which Court the offence is tribal.
The second Schedule prescribes different types of forms, such as summonses to the accused and warrants of arrest.
Apart from the provisions for investigation, inquiry, and trial, the Code consists of the provisions relating to bail, appeal or revision, and execution of the orders. In addition, it makes provisions for preventing offences, maintenance of Law and order, removing public nuisances, and maintaining wives, children, and parents.
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[1] फौजदारी प्रक्रीया संहीता
येथून पुढे काही महत्त्वाच्या इंग्रजी षब्दांचे मराठीत अर्थ दिलेले आहेत. त्याचा उद्देष विद्याथ्र्यांना विशय चांगल्या प्रकारे समजावा एवढाच आहे. मराठी अर्थ हे विशयाला धरुन केले असल्यामुळे ते षब्दकोषाप्रमाणे अगदी बरोबर असतील असे नाही. विद्याथ्र्यांनी अभ्यास करताना विविध मराठी व इंग्रजी षब्दकोष वापरावेत. [यहाँ से कुछ महत्वपूर्ण अंग्रेजी शब्दों के मराठी और हिंदी’ में उनके अर्थ दिए गए हैं। इसका उद्देश्य छात्रों को विषय को अच्छी तरह से समझाना है। सिर्फ इसलिए कि मराठी अर्थ विषय पर आधारित हैं, , जरूरी नहीं कि वे शब्दकोशों के रूप में सटीक हों। विद्यार्थियों को पढ़ते समय विभिन्न मराठी और अंग्रेजी शब्दकोशों का प्रयोग करना चाहिए। ]
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[4] ‘Special Law’ is a Law applicable to a particular subject, for example Food Adulteration Act, applicable to the cases of food adulteration only. A ‘Local Law’ is a law applicable only to a particular part of India e.g. Maharashtra Control of Organised Crimes Act, U.P. Opium Smoking Act etc are applicable respectively only to Maharashtra and U.P. states.