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Report No. 37

Appendix 2

Note on Section 1, Code of Criminal Procedure, 1898

Section 1(2) (which defines the territorial extent of the Code) provides for an exception in these words:

"in the absence of any specific provision to the contrary, nothing herein contained shall apply to-

(a) the Commissioners of Police in the towns of Calcutta, Madras and Bombay, or the police in the towns of Calcutta and Bombay;

(b) heads of villages in the State of Madras, as it existed immediately before the 1st November, 1956;

(c) village police-officers in the State of Bombay as it existed immediately before the 1st November, 1956:

Provided that the State Government may, if it thanks fit, by notification in the Official Gazette, extend any of the provisions of this Code, with any necessary modifications, to such excepted persons."

The present position regarding each of the "excepted persons" may be dealt with.

(a)(i) Commissioner of Police in Calcutta-

The Commissioner of Police in Calcutta has certain powers under the Calcutta Police Act.1 For example, he can prohibit processions or public assemblies.2

(a) (ii) Commissioner of Police in Madras

The Code does not apply to the Commissioner of Police in Madras. This is apparently because the powers of the Commissioner of Police in the city of Madras are governed by a local Act.3-4 Thus, section 51A(3) of the Madras Act confers on the Commissioner the powers under sections 75 to 77 of the Code.5

(a) (iii) Commissioner of Police in Bombay-

The position up to 1951 was, that the Code did not extend to the Commissioner of Police, Bombay nor to the police in Bombay. By the Bombay Police Act,6 the mention of Bombay at both the places is deleted, and the Code now applies to the whole State of Maharashtra including the town of Bombay, both as regards the Commissioner of Police and as regards police generally.

(a) (iv) Police in the town of Calcutta-

The police in the town of Calcutta are governed by the Calcutta City Police Act.7-8 The Code does not apply to the Calcutta Police.9-10

(a) (v) Police in the town of Bombay-

See above, under "Commissioner of Police in Bombay".

(b) Heads of villages in the State of Madras

Under certain local regulations,11-12 heads of villages in Madras are empowered to try cases of a trivial nature, such as abusive language and inconsiderate assault or affrays and petty thefts, not attended with aggravating circumstances and not committed by persons of notoriously bad character. In their official capacity as village headmen in proceedings as village Magistrates, they are not governed by the Code.13-14 The provisions of sections 480 and 482 of the Code do not apply to village Magistrates in Madras.15-16

(c) Village police officers in the State of Bombay

Under the Bombay Village Police Act,17 the "Police Patel" has manifold duties relating to prevention of crime (sections 6 to 9 of the Act), and these duties extend not only to assisting the police and giving information, but in certain cases, he is bound to proceed to investigate the matter, procuring all evidence relating to a crime committed in the limits of his village (section 10). He has also certain duties by way of holding an inquest in cases of sudden deaths, and apprehension of any person, who he may have reason to believe has committed serious offences (sections 11 and 12). He can call and examine witnesses, and record their statement, and search for concealed articles (section 12). The Code is not applicable to proceeding before village police officers.18 The High Court could, however, under the general power of superintendence, conferred by the Letters Patent, deal with such proceedings.19

Section 1(2) means that the procedure laid down by the Code is not to govern the actions of such village police officers.20

1. The Calcutta Police Act (Bengal Act 4 of 1866) and the Calcutta Suburban Police Act (Bengal Act 2 of 1866).

2. See Leakat Hossen v. Emp., 1913 ILR 40 Cal 470 (472).

3. The Madras City Police Act (3 of 1888).

4. See Nilamadhob v. Emp., ILR 5 Pat 171: AIR 1926 Pat 279 (283).

5. Cf. Ramanath, AIR 1953 Mad 953 (954).

6. The Bombay Police Act, 1951 (Bombay Act 22 of 1951), section 167(3); see Ram Kishan, AIR 1955 SC 104 (110), para. 9.

7. The Calcutta City Police Act (4 of 1866).

8. The Manickchand, AIR 1958 Cal 324; Ishaq, AIR 1958 Cal 341.

9. A number of provisions of the Code have, however, been extended, under the proviso to section 1(2), to the Calcutta Police.

10. Natabarjana v. State, AIR 1955 Cal 135.

11. Madras Regulation 11 of 1816.

12. Madras Regulation 4 of 1821.

13. Viziramutha, 2 Weir 1.

14. See also P.P. v. Mari Maudali, AIR 1924 Mad 730.

15. Muthukarunga (in re:), AIR 1959 Mad 175 (178), para. 24.

16. Q.E. v. Venkataswami, 1891 ILR 15 Mad 131 (132).

17. The Bombay Village Police Act, 1867 (8 of 1867).

18. Q.E. v. Ragho, ILR 19 Bom 612.

19. Vasudev (in re:), AIR 1919 Bom 79.

20. Emp. v. Shankar Sayaji, AIR 1938 Bom 489.

Code of Criminal Procedure, 1898 (Sections 1-176) Back

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