History of Origin and Development

History of Origin and Development in Code of Criminal Procedure:

Scope and Object of the Code:

 History of Law of Procedure in Criminal Courts - Previous to 1882 there was no uniform law of Criminal procedure for the whole of India. There were separate Acts, mostly rudimentary in their character, to guide the procedure of numerous courts in provinces and in the Presidency-towns. These Acts of procedure were replaced by Act X of 1882 which was Code of Criminal Procedure 1882 (Act X) which gave for the first time a uniform law of procedure for whole of India and it was supplanted by a new Code in 1898.

The Code of Criminal Procedure 1898 underwent drastic amendments at the hands of legislature in 1923 and since 1923 changes were made from time to time by minor Amendment Acts.

The Code again underwent drastic amendments in 1955 by Code of Criminal Procedure (Amendment) Act 26 of 1955. Schemes for the separation of judicial and executive functions of Magistrate were introduced by State legislatures from time to time and the Code was amended accordingly.

There was a constant demand for the revision of the Code partly to simplify the procedure and partly to introduce a uniform system in the country in relation to Judicial and Executive functions of Magistrates. The Law Commission therefore submitted a revised draft for the Code in its 13th report and thereafter it had undergone some changes in the hands of the joint select committee of the Parliament, and was passed into present form in 1973

Important Changes to Act 2 of 1974 : Following changes were brought about with a view to speeding up the disposal of Criminal Cases:-

(i) The preliminary inquiry which precedes the trial by Court of Session, known as "Committal proceedings" was abolished.

(ii) the scope of summary trials was widened by including offences punishable with imprisonment upto one year instead of six months.

(iii) the power of revision against "interlocutory orders" was taken away.

(iv) the provisions for compulsory stoppage of proceedings by subordinate court on mere intimation from a party of his intention to move a higher court for transfer of the case was omitted.

(v) Provision was made for service of summons by registered post in certain cases.

(vi) Provisions for legal aid to indigent persons were made.

(vii) Courts have been empowered to order for payment of compensation by accused to victims of crime

Scope and Object of Code The object of the Criminal Procedure Code is to provide a machinery for the punishment of offenders against the substantive criminal law. It prescribes the procedure for the trial of offences which the Indian Penal Code defines. Section 4 of this Code provides that all offences under the Code shall be investigated, enquired into, tried and otherwise dealt with according to the provisions of this Code. It also provides that offences under a law other that the Indian Penal Code will also be tried according to the provisions of the Procedure Code, but subject to any provision in that other law in regard to investigation, inquiry or trial [Section 4(2)]. The Penal Code is thus the substantive law, of which the Procedure Code furnishes the adjective law to put in force its provisions. The Code is a code of procedure and, like all procedural laws, is designed to further the ends of justice and not to frustrate them by the introduction of endless technicalities. The object of the Code is to ensure that an accused person gets a full and fair trial along certain well-established and well-understood lines in accord with our notions of natural justice.

In Wilie Staney v. State of M.P., AIR 1956 SC 116, it was observed "The object of code is to ensure that accused person gets full and fair trial along certain well-established and well-understood lines that accord with our notions of natural justice, under the code as in all procedural laws, certain things are regarded as vital. Disregard of provisions of that nature is fatal to trial and at once invalidates the conviction. Other are not vital and what ever the irregularity, they can be cured. Chapter 45 of the code has carefully classified certain kinds of errors and expressly indicates how they are to be dealt with.

Basic Objective of the Code:

The Important objectives of the Code of Criminal Procedure are  to provide an opportunity to the accused person to get a fair trial in accordance with the principles of natural justice and to make an effort to prevent delay in investigation and trial to ensure fair justice. Further, CrPC also provides a detailed scheme for working of various functionaries of the state to help and assist the administration of Criminal Justice in India.

SALIENT FEATURES OF THE CODE OF CRIMINAL PROCEDURE, 1973

The Cr.PC contains 484 Sections and XXXVII Chapters.

The Cr.PC describes that all offences in Indian Penal Code 1860 shall be investigated, inquired into, tried unless it is otherwise dealt. However, Cr.PC does not affect any special law, local law or any special jurisdiction or power or procedure provided in any other law.

Some of the basic features of Cr.PC are discussed below.

 Organisation of Criminal Courts: The Cr.PC provides a uniform set of criminal courts throughout the territory of India by conferring jurisdiction, powers and functions.

The Cr.PC mandates separation of judiciary from the executive, which enables the state to work with independently and impartially without interference of any other organs of the State.

Fair Trial: Under Cr.PC every person is entitled to fair trial and hearing by an independent and impartial Tribunal. The accused is presumed to be innocent, until the charges are proved. The accused has right to be represented by his counsel. Further, the accused has a right to cross-examine the witnesses of the opposite party.

Protection to the accused person: Special provisions have been made to protect the interest of the accused person. The Supreme Court also gave some important guidelines with respect to the rights of the accused person in D.K.Basu v. State of West Bengal, AIR 1997 SC 610.

Special Provision for the protection of the accused person: Free legal aid provision is made if the accused person is poor and cannot afford the costs of the litigation. In petty cases the accused can even plead guilty by post and send the amount of fine specified in the summons to the court, therefore he need not appear before the court.

Judicial Magistrates are under the control of High Courts: All Judicial Magistrates shall work under the control of High Courts of the respective states. The Judicial Magistrates in Metropolitan cities are named as Metropolitan Magistrates. The Cr.PC abolished the appointing of honorary Magistrates and Justices of peace.  

Trial Procedure: Procedure for trial of summary cases shall be the same as that for summons cases except where it is provided otherwise. The Court of Sessions also have been given power to exercise the revisional jurisdiction in addition to the High Courts. An appeal by the state against the order of the acquittal can be filed only after obtaining the leave of the High Court. In case of adjournments, costs may be awarded against the party seeking adjournment including the prosecution.

Duty of the Police: If the police officer refuses to record information about commission of the crime the aggrieved person does have a right to send the information by post to the superintendent of the police.