- Author(s): Ram Jethmalani, DS Chopra
- Publisher: Thomson Sweet & Maxwell
- Edition: Ed 2015
- ISBN 13 9789384746551
- Approx. Pages 6238+ Contents
- Delivery Time Normally 10-14 working days
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Description
Code of Criminal Procedure, 1973 replaced the Code of Criminal Procedure Code, 1898. The 1898 Code applied to the whole of British India. However, the Code had to be read subject to the provisions of the Scheduled Districts Act, 1874 which contained a Schedule listing a number of backward areas to which the Governor General in Council would decide which enactments would apply and which will not. This ultimately changed with the passing of Government of India Act, 1935.
The 1898 Code came to be examined by the various Law Commissions which submitted a number of reports for example the 2nd volume of the 14th Report made number of suggestions. Mr. J.L. Kapur, the then Chairman of the Commission between 1963 and 1968, submitted 32nd, 33rd, 35th and 36th reports on problems arising out of or in connection with the working of the 1898 Code. 37th Report of the Law Commission made suggestions on Sections 1 to 176 of the Code of Criminal Procedure, 1898. The 41st Report, Volume 1 under the Chairmanship of K. VK. Sunderam made a number of suggestions.
The present Code is based largely on the recommendations contained in the 41st Report. Some of the important changes incorporated in the Code are:
(a) the preliminary inquiry which precedes the trial by a Court of Session, otherwise known as committal proceedings, is being abolished as it does not serve any useful purpose and has been the cause of considerable delay in the trial of offences;
(b) provision is being made to enable adoption of the summons procedure for the trial of offences punishable with imprisonment up to two years instead of up to one year as at present; this would enable a larger number of cases being disposed of expe-ditiously;
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Contents
THE CODE OF CRIMINAL PROCEDURE, 1973
Volume 1
CHAPTER I PRELIMINARY
CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES
CHAPTER III POWER OF COURTS
CHAPTER IV A.—POWERS OF SUPERIOR OFFICERS OF POLICE
B.—AID TO THE MAGISTRATES AND THE POLICE
CHAPTER V ARREST OF PERSONS
CHAPTER VI PROCESSES TO COMPEL APPEARANCE
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS
AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
CHAPTER XI PREVENTIVE ACTION OF THE POLICE
CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
CHAPTER XV COMPLAINTS TO MAGISTRATES
CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
CHAPTERXVII THE CHARGE
CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION
CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES
CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES
CHAPTER XXI SUMMARY TRIALS
CHAPTERXXIA Plea Bargaining
CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS
CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Volume 2
CHAPTER XXV PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
CHAPTER XXVII THE JUDGMENT
CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
CHAPTERXXIX APPEALS
CHAPTER XXX REFERENCE AND REVISION
CHAPTER XXXI TRANSFER OF CRIMINAL CASES
CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS
CHAPTER XXXIV DISPOSAL OF PROPERTY
CHAPTER XXXV IRREGULAR PROCEEDINGS
CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCE
THE FIRST SCHEDULE
THE SECOND SCHEDULE
APPENDICES
SUBJECT INDEX
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