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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


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