AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 32

50. Other sections of the Code of Criminal Procedure, 1898-whether amendment needed.-

Besides section 9 of the Code of Criminal Procedure, there may be other provisions in the Code which may require amendment in the light of the meaning of the expression "control" as interpreted by the Supreme Court. The provisions dealing with the following matters may have to be considered in this context -

(i) Chief Presidency Magistrates and Additional Chief Presidency Magistrates1; (ii) Presidency Magistrates2; (iii) subordination of Presidency Magistrates3; (iv) other Magistrates, where a notification under Article 237 of the Constitution is issued4; (v) conferment of enhanced powers on Judicial Magistrates, where a notification under Article 237 is issued5; (vi) conferment of ordinary power, on Judicial Magistrates, where a notification under Article 237 is issued6; (vii) language of the courts7; (viii) place of sitting8-9.

The above list is illustrative only. Most of these are, however, matters of local detail, in respect of which the position varies from State to State10. The rest-like place of sitting or language-are not urgent. We do not, therefore in this Report, propose to deal with them.

1. Sections 18(1) and 18(4), Code of Criminal Procedure, 1898.

2. Sections 18(1) and 18(2) and 18(3), Code or Criminal Procedure, 1898.

3. Section 21(2), Code of Criminal Procedure, 1898.

4. Sections 12 to 17, Code of Criminal Procedure, 1898.

5. Section 30, Code of Criminal Procedure, 1898.

6. Sections 36, 37 and 39 to 41, Code of Criminal Procedure, 1898.

7. See section 558 and sections 356(1), 357 and 366(1)(b) and 367(1), Code of Criminal Procedure, 1898.

8. Cf. Ibadat Ali v. State, AIR 1956 All 448.

9. See also sections 178 and 541, Code of Criminal Procedure, 1898.

10. For example, provisions relating to Magistrates.



Section 9 of the Code of Criminal Procedure, 1898 - Appointment of Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys