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Report No. 37

III. Consideration of Procedure followed in other countries and Systems

In my view, when we have to approach the problem of reform of Criminal Procedure in India, we ought not to be bound by the frame or contents of the law as had been enunciated under the Anglo-Indian Code but also try to improve the same after examining experiments and modification in Criminal administration as had been made in other countries and systems. No doubt, difficulties that have been felt in the administration of criminal justice by the different High Courts and by the Supreme Court of India have to be considered to resolve the divergent opinions.

For persons who have been trained and brought up under the Anglo-Indian system are not always responsive to other systems of procedure and legal institutions, the Continental System is an anathema to many. But need I refer to recent American Codification as in Wiscensin and Illinois in 1955 and 1961 respectively ? If reference be made to the above and to the 1964 draft of the New York Criminal Code-which is more comprehensive and systematic than its predecessor, one will notice "the influence of the Model Penal Code of the American Law Institute which is patterned after European Criminal Codes". "Many of the basic concepts of the Soviet Criminal Law and Procedure are in the "continental" traditions".

All the more it is desirable and necessary to know more of the Continental System and examine whether any as in that System can or should be introduced for the betterment and improvement of our System.

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

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