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Report No. 41

The Code of Criminal Procedure, 1898

Contents
The Code of Criminal Procedure, 1898
Introduction
Chapter 1 Preliminary
Territorial extent of the Code
References to territorial water in Central Acts
Section 3 practically spent
Chapter II Constitution of Criminal Courts and Offices
Separation of executive from judiciary by parliamentary legislation
Presidency Magistrates
Sections 10 to 1.-Provisions for appointment of Judicial Magistrates separated
Revised sections
Chapter III Powers of Courts
High Courts' original jurisdiction
Few Magistrates empowered under the section
Courts by which offences are triable
Chapter IV Aid and Information to The Magistrates and The Police
Aid and Information to The Magistrates and The Police
Chapter V Arrest, Escape and Retaking
Arrest, Escape and Retaking
Chapter VI Processes to Compel Appearance
Processes to Compel Appearance
Chapter VII Processes to Compel Production of Things
Processes to Compel Production of Things
Chapter VIII Security for Keeping The Peace and for Good behaviour
Introductory
Power to vest exclusively in Judicial Magistrates of the first class
Chapter IX Unlawful Assemblies
Unlawful Assemblies
Chapter X Public Nuisances
Public Nuisances
Chapter XI Temporary Orders in Urgent Cases of Nuisance and Apprehended Danger
Temporary Orders in Urgent Cases of Nuisance and Apprehended Danger
Chapter XII Disputes as to Immovable Property
Introductor
New su.-section (5A)
Chapter XIII Preventive Action by The Police
Preventive Action by The Police
Chapter XIV Information to The Police and Their Powers to Investigate
Scheme of Chapter
Section 162
Section 17
Chapter XV Jurisdiction of Criminal Courts in Inquiries and Trials
Introductor
Amendment of proviso
Applicability by section 179
Both sections 179 and 182 held applicable
Amendment recommended
Criticism of su.-section (2)
Amendment of main paragraph recommended
Section 189
Section 191
Revised section relating to public servants
Section 195 as revised
Section 196 as revised
Widening scope of section to cover all public servants not recommended
Section 19
Recommendation of the Press Commission
Su.-sections (8) to (11)
Chapter XVI Complaints to Magistrates
General scheme of chapter.
Complaints of offences triable exclusively by the Court of Session
Chapter XVII Commencement of Proceedings Before Magistrates
Scheme of Chapter
Plea of guilty in absentia in petty cases
Chapter XVIII Inquiry Into Cases Triable by The Court of Session or High Court
Nature of committal proceedings until 1955
Procedure in Israel
Existing prosecuting agency in the districts
Chapter XIX The Charge
Section 221
New su.-section recommended
Chapter XX Trial of Summons Cases by Magistrates
Section 24.-Introductory
Section 245
Chapter XXI Trial of warrant Cases by Magistrates
Section 251
Section 251A(12) and (13)
Chapter XXII Summary Trials
General
Section 262
Chapter XXIII Trials Before High Courts and Courts of Session
Trials Before High Courts and Courts of Session
Chapter XXIV General Provisions as to Inquiries and Trials
Procedure when accused is a corporation or association
Section 33.-su.-section (1) analysed
Section 337(3)
Revised section 339 recommended
Stephen's criticism
Section 342(2.-does it offend Article 20(3)
Remand under section 344(1A) only after taking cognizance
Petty theft should be compoundable
Section 350(2)
Chapter XXV Mode of Taking and Recording Evidence in Inquiries and Trials
Section 353
Section to apply to inquiries under Chapter XII
Section 362
Chapter XXVI Judgment
Section 366(1.-Modes of pronouncing judgment
Pronouncement of judgment by successor
Chapter XXVII Submission of Sentences for Confirmation
Submission of Sentences for Confirmation
Chapter XXVIII Execution
Section 38.-Death sentence passed by High Court in appeal or revision
Section 386(2.- Rules for settling claims necessary
Chapter XXIX Suspensions, Remissions and Commutation of Sentences
Provisions ancillary to powers under the Constitution
Provision for general amnesty not necessary
Chapter XXX Previous Acquittals or Convictions
Previous Acquittals or Convictions
Chapter XXXI Appeals
Section 404
Section 412
Provision for appeal to enhance sentence
Section 42.-opening part
Limit of sentencing powers of the Appellate Court
Section 428
Section 43.-Principle underlying
Chapter XXXII Reference and Revision
Introductory
Changes necessary in view of separation of judiciary
Chapter XXXIV Lunatics
Lunatics
Chapter XXXV Proceedings in The Case of Certain Offences Affecting the Administration of Justice
Analysis of chapter
Power to order costs
Chapter XXXVI Maintenance of wives and Children
Maintenance of wives and Children
Chapter XXXVII Directions of The Nature of a Habeas Corpus
Directions of The Nature of a Habeas Corpus
Chapter XXXVII Attendance of Persons Confined or Detained In Prisons
Attendance of Persons Confined or Detained In Prisons
Chapter XXXVIII The Public Prosecutor
The Public Prosecutor
Chapter XXXIX Bail
Broad principles regarding bail
Section 497(5) and section 498
Chapter XL Commissions for The Examination of witnesses
Commissions for The Examination of witnesses
Chapter XLI Special Rules of Evidence
Special Rules of Evidence
Chapter XLII Bonds
Bonds
Chapter XLIII Disposal of Property
Introductory
Section 517(2)
Section 521
Chapter XLIV Transfer of Criminal Cases
Section 52.-sub-sections (1) to (7) formally revised
Section 528(1)
Chapter XLV Irregular Proceedings
Irregular Proceedings
Sub-section (1) amended to clarify the position
Chapter XLVI Miscellaneous
Introductory
Section 544
Section 559(2)
Chapter XLVII Classification of Offences in The Second Schedule
Five-fold classification under the second schedule
Offence under section 498 should be non-cognizable
Chapter XLVIII Conclusion
Objectives of revision
Summary of main changes proposed
Enactment new code recommended


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