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Report No. 37

Law Commission Report on Code of Criminal Procedure

Minutes of Dissent by Shri Rama Prasad Mookerjee Member, Law Commission

I have signed the Majority Report subject to a Minute of Dissent. I indicate in this Minute the principal grounds on which I differ from the majority.

I. Part only of the Code should not be taken up for revision.

I feel very strongly that it is not only impracticable but not proper to attempt revision of or submit an Interim Report on a portion of the Code of Criminal Procedure. The different parts are so inter-dependent and interlinked that it is not possible to deal with the earlier part without reference to the later sections and Schedules.

Within the first part falls Chapter I dealing with Definitions. It is impossible to come to any decision with regard to many of the problems included in the Definition section without reference to the subsequent sections and the manner in which these other sections are proposed to be dealt with.

So also the constitution and classes of Criminal Courts and particularly the powers of Courts as in Chapters II and III.

On a reference to the recommendations as made by the Commission on the present occasion, in respect of amendments under Chapter III, it would be noticed on a comparison with the recommendations as in the 14th Report of the Commission in Volume H and of the provisions as found under the amendments introduced in Bombay and Punjab, and those introduced by Executive Orders in Madras-how divergent the views are. Such divergences are due mainly to the conflicting approaches in respect of the later sections of the Criminal Procedure Code.

Even in the Report as now submitted casual references have been made in various places to the contents of the later sections of the Code.

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

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