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Report No. 48

2. Points referred to the present Commission.-

The previous Law Commission submitted, sometime ago, a Report1 on the entire Code of Criminal Procedure. Government have thereafter introduced the Criminal Procedure Code Bill, 1970, which is, at present, pending before a Joint Committee of both the Houses. In the meantime, Government decided to seek the opinion2 of the present Commission on a few points, the reasons for which have been stated as follows:

"As there are divergent opinions on certain points which are being considered by the Joint Committee in respect of the said Bill, the Government would like to have the considered opinion of the present Law Commission on certain specific points hereinafter mentioned. As the consideration of the Bill, clause by clause, has already been taken up by the Joint Committee of Parliament, it would not be necessary to refer the whole Bill for the opinion of the Law Commission afresh. But the Government would very much like to have the considered opinion of the Commission on a few specific vital points which have arisen for consideration."

These points are

(i) Proposal to confer jurisdiction on the C.B.I. to make investigations in respect of certain offences relating to the Union List;

(ii) Proposal to make confessions made to senior police officers admissible in evidence subject to certain safeguards;

(iii) The extent of legal aid to the poor which may be provided for in the Code;

(iv) Suggestions for improving the existing law contained in sections 161 and 162 relating to statements made to the police during investigation;

(v) Proposal to take away powers of revision against interlocutory orders;

(vi) Provision for grant of anticipatory bail;

(vii) Question whether maintenance under section 488 can be provided for in respect of indigent parents;

(viii) Provision for filing written arguments; and

(ix) Suggestions for improvements in other respects with a view to curtail delays in investigation, trial or appeal.

1. 41st Report of the Law Commission.

2. Letter of the Law Minister to the Chairman, Law Commission, dated 1st July, 1972.

Some questions Under the Code of Criminal Procedure Bill, 1970 Back

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