Report No. 37

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

Contents
	The Code of Criminal Procedure, 1898 (Sections 1-176)
	Genesis of the report
	Materials studied
	1861 Code and other Acts upto 1872
	Major problems
	Classification of functions of Magistrates
	Allocation of functions between Judicial and Executive Magistrates
	West Bengal Scheme
	Section-wise discussion
	Section 4(1)(m)-"Judicial proceeding"
	Section 4(2)
	Other cities of special importance
	Section 10 and Mobile Courts
	Section 17(1)
	Section 18(5)
	Sections 23-24
	Section 30 and utility of Magistrates appointed thereunder
	Section 33 and suggestion to make the section self-contained
	Section 39
	Sections 46 to 50
	Section 54 and communication of grounds
	Section 59A (New
	Section 68 and service by post and service by party
	Section 73
	Section 88(2)
	Section 94(3) and Bankers' Books
	Section 98(2) and Judicial Magistrate
	Section 100-Notice and procedure for inquiry
	Section 103 and search of the person
	Section 106 and the words "offence involving breach of the peace"
	Section 108-Retention of jurisdiction under
	Sections 110(e) and 110(f)
	Section 122
	Section 126
	Sections 133, 134 and Uttar Pradesh Committee's suggestion
	Sections 138 and 139, and suggestion of a High Court Judge
	Section 144 and newspaper
	Section 145(1)-Suggestion of a High Court Judge
	Section 145(1) and suggestion for service of affidavits
	Section 145(6) and penalty for disobedience
	Section 145(10)
	Section 147A (New)
	Sections 154 and 155
	Section 157
	The true position seems to be this
	Section 161 and sending of copies to Magistrates-Suggestion of Madras Bar Council
	Section 162 and suggestion to substitute "cross-examination" for "contradiction"
	Section 164(1)
	Section 164 and recording statements at the instance of the accused
	Section 167(2) and military custody
	Section 172(2) and suggestion regarding sending diaries in Capital cases
	Section 173(1)(a) and investigation after chalan
	Section 173(4) and suggestion of Commissioner of Police, Madras
	Section 175A (suggested)-regarding consequence of failure to send copies
Appendix 1	Recommendations as Shown in the form of Draft Amendments to the Existing Code
	Sections 3 to 7
	Sections 9 to 15
	Sections 16 to 21
	Sections 22 to 37
	Sections 38 to 54
	Sections 55 to 70
	Sections 71 to 88
	Sections 91 to 106
	Sections 107 to 133
	Sections 135 to 144
	Sections 145 to 148
	Sections 155 to 167
	Sections 169 to 173
Appendix 2	Note on Section 1, Code of Criminal Procedure, 1898
	Note on Section 1, Code of Criminal Procedure, 1898
Appendix 3	Note on Section 4 - Definition of "Complaint"
	Note on Section 4 - Definition of "Complaint"
	Amendment of section 155, Code of Criminal Procedure, 1898
	Proposed Solution
Appendix 4	Note on Section 15(2) and Powers of Benches
	Note on Section 15(2) and Powers of Benches
Appendix 5	Points of Difference between Presidency Magistrates and Other Magistrates
	Points of Difference between Presidency Magistrates and Other Magistrates
Appendix 6	Note on Section 51 and Medical Examination
	Note on Section 51 and Medical Examination
	Taking of measurements etc. of nonconvicted persons
Appendix 7	Note on Section 94 and the accused
	Note on Section 94 and the accused
Appendix 8	Note on Section 109(a)
	Note on Section 109(a)
Appendix 9	Note on Section 144(3) and the Expressions "Place" and "Frequenting"
	Note on Section 144(3) and the Expressions "Place" and "Frequenting"
Appendix 10	Note on Section 144(6)
	Note on Section 144(6)
Appendix 11	Note on Section 161(2) and the word "Truly"
	Note on Section 161(2) and the word "Truly"
Appendix 12	Note on Section 162, and Cross-Examination by the Prosecution of Defence Witnesses
	Note on Section 162, and Cross-Examination by the Prosecution of Defence Witnesses (1)
	Note on Section 162, and Cross-Examination by the Prosecution of Defence Witnesses (2)
Appendix 13	Note on Section 163(2)
	Note on Section 163(2)
Appendix 14	Note on Section 164(3)
	Note on Section 164(3)
Appendix 15	Note on Sections 167 and 344
	Note on Sections 167 and 344
Appendix 16	Recommendations in Respect of others Acts
	Recommendations in Respect of others Acts
	Law Commission Report on Code of Criminal Procedure
I.	Minutes of Dissent by Shri Rama Prasad Mookerjee Member, Law Commission
II.	Principles directed or decided upon to be followed
III.	Consideration of Procedure followed in other countries and Systems
IV.	Separation of Executive from the Judiciary
V.	General questions which need consideration before particular sections are considered