Brief History of The Code of Criminal Procedure 1898

The Code of Criminal Procedure

Brief History of The Code of Criminal Procedure, 1898

The Code of Criminal Procedure, 1898 ( Act No. V of 1898)  An Act to consolidate and amend the law relating to the Felonious procedure.  WHEREAS it's advisable to consolidate and amend the law relating to Criminal Procedure; It's hereby  legislated as follows   

What's the Legislative history of the Code of Criminal Procedure? 

 Generally, there was no  invariant law of felonious procedure for the  total of British India. There were separate Acts,  substantially rudimentary in their character, to guide the procedure of the Courts in the businesses  and administration municipalities. Those applying to the administration  municipalities were first consolidated by the Criminal Procedure Supreme Courts Act( XVI of 1852), which  by course of time gave place to the High Court Criminal Procedure Act( XIII of 1882). The Acts of procedure applying to the businesses were replaced by the general Criminal Procedure Code  Act XXV of 1861), which was replaced by Act( X of 1872). It was the Criminal Procedure Code of 1882( Act X of 1882) which gave for the first time a  invariant law of procedure for the  total of British India  both in administration  municipalities and in the mofussil; and it was  superseded by the present law in 1898. This last Act has been amended by  numerous amending Acts. naturally, the law doesn't affect( 1) any special law(S.41, Penal Code),( 2) any original law(S.42, Penal Code),( 3) any special  governance or power, or( 4) any special form of procedure.  With the below exceptions the Code extends to the  total of Bangladesh.   

What's the History of Codification of the Law of Criminal Procedure?  

There was at first no  invariant law of felonious procedure for the  total of British India. There were separate Acts,  substantially rudimentary in their character, to guide the procedure of the courts in businesses and  in Presidency  municipalities. The Government of  concentrated India laboured long and zealously to procedure a  law of felonious procedure which should  fluently understood, cheap,  ready and just. In 187, the  also government of India instructed the First Law Commission to prepare a  law containing  prayer and procedure with forms of charge acclimated to the  vittles of the draft Penal Code; and a  law with several forms was consequently prepared by Cameron and Elliot who submitted their reports in 1848. This draft was examined and considered by the Second Law commission which produced a draft Criminal Procedure Code. The draft law was introduced into Indian Legislative Council in 1857 and was eventually passed by the Council as Act XXV of 1861, and came into force on 1 January 1862.  To begin with, it was applied only to the Regulation businesses, but was gradationally extended to the  total of British India except the Presidency Towns. It wasn't made applicable to the original side of the High Courts, nor to the proceedings of the courts of administration Adjudicators in the Presidency Towns.   

What are the emendations of the Code of Criminal Procedure? 

 The Act LXV of 1861 was amended by Acts XXXIII of 1861, XV of 1862, VII of 1866 and VIII of 1869. In 1872 the  star Act and its  amending Acts were repealed and replaced by Act X of 1872, which also wasn't applied to the High Courts or the courts of administration Adjudicators. Act X of 1875 was  legislated to regulate the procedure of the High Courts of Kolkata, Madras and Bombay in the exercise of their original  governance. It also regulated the procedure of the High  Courts at Allahabad and the Chief Court at Lahore. Act IV of 1877 was passed to regulate the procedure and increase the  governance of the courts of Adjudicators in the Presidency Towns. On 26 October 1876, the Secretary of State for India instructed the  Government of India to  remake the Act of 1872 with a view to assimilate all the  colorful  vittles relating to felonious procedure in  colorful Acts, so that there might  crop  in the country a complete  law of felonious procedure. also the felonious procedure  law of 1882 was  legislated replacing and consolidating the  vittles of the  forenamed  Acts of 1872, 1875 and 1877 and other enactments  also in force relating to the felonious procedure. It was the Criminal Procedure Code of 1882 which gave for the first time a  invariant law of procedure for the   total of India both in administration-  municipalities and in mofussil. The law of 1882, amended from time to time by  colorful enactments, was in force for nearly a period of 15 times until the  law of felonious procedure 1898 was passed, which amended and consolidated the  colorful enactments  also in force relating to the felonious procedure.  The law of felonious Procedure 1898 came into force on 1 July 1898 and it's still in force in force in Bangladesh with some changes made therein. lately, with a view to separate the felonious bar from the administrative organ of the state, some significant changes have been made in the  law of Criminal Procedure by the Code of Criminal Procedure( Amendment) Act, 2009.   

What's the Object of the Code of Criminal Procedure?  

The Criminal Procedure Code is  substantially an adjective law of procedure. The main object of CrPC is to  give  discipline of  malefactors against the  substantial felonious Law. In fact, the two Canons are to be read together. Some terms are especially defined in the Criminal Procedure Code, but are the absence of  similar delineations; the delineations set out in the Penal Code are to be  espoused(s. 4). The Code also provides  ministry for  discipline of offences under other Acts.  It is,  still,  good of note that the law isn't a pure adjective law. It starts with the creation of different grades of Courts and defines their powers( Chapter II and III). It proceeds to formulate the duties of the  police in  probing into offences( Chapter IV), and in arresting  malefactors( Chapters V and VI), and in  product of documents,etc.  Chapter VII). The real procedure is dealt with in Chapters XV to XXX( which  relate to trials) and Chapters XXXI and XXXII( which deal with  prayers, references and  variations). There are,  also, certain  vittles of the law which partake of the nature of  substantial law, i.e.  forestallment of offences( Chapters VIII to XIII),  conservation  proceedings( Chapter XXXVI), and habeas corpus proceedings( Chapter XXXVII).  Enactments regulating the procedure in Courts  feel  generally to be imperative and not  simply directory. In other words, the rules of procedure are  legislated to be adhered . The object of these rules is to simplify and  dock proceedings. It isn't always easy to keep  rigorously to the line of procedure  specified and irregularities do  do now and  also in trials of cases. The Code itself divides  similar irregularities into two classes( 1) irregularities which don't vitiate proceedings( section 529), and( 2) irregularities which vitiate proceedings( section 530). It also provides that no error,  elision or irregularity in a trial shall  vitiate a finding,  judgment  or order unless it has occasioned a failure of justice( section 537). The Code further preserves the  essential power of the High Court to make orders( 1) to give effect to any order under the Code, or( 2) to  help abuse of the process of any Court, or( 3) to secure the ends of justice( section 561- A). So far as it deals with any point specifically, the law must be  supposed to be  total and the law must be caught on  by reference  to its  vittles; but where a case arises, which demands  hindrance and it isn't within those for which the Code specifically provides, it would not be reasonable to say that the Court hadn't the power to make  similar order as the ends of justice  needed. Absence of any provision on a particular matter in the law doesn't mean that there's no  similar power in a Criminal Court which may act on the principle that every procedure should be understood as admissible till it's shown to be banned by law.  Where a special law is silent about the conduct of the proceedings of a trial,  vittles of Code of Criminal Procedure, 1898 would apply.   

What's the Construction of the section of Code of Criminal Procedure?  

It's the duty of the court to  interpret a particular section according to the language used. It isn't for a court to  presume as to what the Legislature should or might have said. Regard can only be had to what  the Legislature has said.   

What's the Limitation of Time in Filing Complaints?  

In general, there's no limitation of time in filing complaints. They can be filed at any time. But it's to be flashed back  that  detention in the form of complaints is attended with two  immoralities; first, the memory of  substantiations is likely to fade by passage of time; and, secondly,  precious links of  substantiation may  vanish,e.g., death of  substantiations, destruction of  property, etc. In cases of  violation of trade- mark( Ss. 478, 479, Penal Code), the complaint should be filed within one time. The Limitation Act( IX of 1908) provides ages of limitation within which  prayers should be filed( papers 150, 154,155 and 157 of limitation Act and section 417( 3),Cr.P.C.).   Who can set the law in  stir?  naturally, it's open to anyone, indeed a foreigner, to set the felonious law in  stir. In certain classes of offences,  still, it's only the person  displeased who can start the proceedings( See Ss. 195 to 199).   

What does it mean' In the absence of any specific provision to the  negative'?  

These words mean a specific provision that the law is to stamp the special law. The Calcutta High Court has held that these words mean and contemplate a provision relating to the special or original law. This specific provision to the contrary need not be in the law itself, but may also be in the special or original law. These words don't  relate to any possible  opposition between a specific provision in the law and a provision in a special  enactment. In order that one provision can be said to be a specific provision  negative to another, the former must  fully cover the field of operation of the  ultimate and must altogether abate it.  The Allahabad High Court has held that" a specific provision to the contrary" means, that the particular provision of the law must, in order to affect special law,  easily indicate in itself and  simply by recrimination to be drawn from the  enactment generally, that the special law in question is to be affected, without  inescapably  pertaining in express  terms to that special law or the effect on it intended to be produced.   

How far is the  law is total? 

 So far as it deals with any point specifically, the law must be  supposed to be  total and the law must be caught on  by reference to its  vittles. still, where a case arises, which demands  hindrance and it isn't within those for which the Code specifically provides, it would not be reasonable to say that the court hadn't the  power to make  similar order as the ends of justice  needed. Absence of any provision on a particular matter in the law doesn't mean that there's no  similar power in a felonious court which may act on the principle that every procedure should be understood as admissible until it's shown to be banned by law.