Report No. 152
3.13. Code of Criminal Procedure, 1973: General observations.-
The relevance of the Code of Criminal Procedure, 1973 to the theme of the present Report is two-fold. In the first place, the Code itself contains provisions intended to operate as a safeguard against custodial torture. These represent, what may be called, the positive side. Secondly, those provisions of the Code which confer various powers on law enforcement agencies need to be kept in mind, in so far as they create possibilities of abuse of authority. This may be regarded as the negative side.
Besides these two categories of provisions, we are concerned with the question how far the provisions of the Code need to be supplemented, with reference to custodial crimes, so that the investigation, trial, punishment and remedial measures in respect of such crimes are taken care of in an adequate manner in the scheme of the Code. As a matter of convenience, we shall deal with the provisions of the Code section wise, at the same time keeping the above considerations in view.