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Report No. 154

Annexure II

D.0 No 6(3)(33)/95-L.C. (LS)

Government of India Ministry of Law, Justice & Company Affairs Department of Legal Affairs, Law Commission, Shastri Bhavan New Delhi-110 001

DR. S.C. Srivastava

Joint-Secretary & Law Officer

Dated October 26th, 1991

Dear Sir,

This is to encroach upon your valuable time for the cause of national importance. The Government of India has made a reference to the Law Commission of India to undertake a comprehensive revision of the Code of Criminal Procedure, 1973 and come up with appropriate recommendation.

Ever since the Code of Criminal Procedure, 1973 came into force, the need for amending its various provisions was being felt for removing certain difficulties/lacunae experienced in its working. Consequently, the Code was amended in 1978, 1980, 1983, 1988, 1990, 1991 and 1993 for certain specific purposes.

The Government of India introduced the Code of Criminal Procedure (Amendment) Bill, 1994 in the Rajya Sabha for carrying out number of changes in the Code. While the Bill is at present pending, before the Parliamentary Standing Committee on Home Affairs, the Government of India has made the aforesaid reference to the Law Commission.

The Law Commission has already made various recommendations in its various reports on the subject relating to the reforms in the Code of Criminal Procedure and other ancillary matters. Various other agencies of the Government have also made recommendations on the subject.

It is needless to emphasise that there has been inordinate delay in the disposal of criminal cases and there is consequent loss of faith in the criminal justice system which has shaken, the confidence of the people in the rule of law. Of late, there has been alarming rise in the arrears of criminal cases which have been pending for several years.

In view of above, the Law Commission has undertaken the study of the comprehensive revision of the Code of Criminal Procedure so as to remove the germane problems leading to consequential delay in disposal of criminal cases. It is felt that there is a need to review the machinery and the processes involved in the administration of criminal justice. Accordingly, the Commission seeks to elicit your considered opinion on the following subjects, at the first instance, as the same will be helpful in formulating its recommendations to the Government for amending the Code. Needless to mention that your learned opinion on other issues not highlighted hereunder would also be of great assistance to us.

Quite apart from the issues highlighted hereunder, the Commission will soon circulate a comprehensive questionnaire on the Code of Criminal Procedure. This would be followed by Workshops at various places to have a thread bare discussion on the various issues involving the provisions of the Code.

The Code of Criminal Procedure, 1973 Back

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