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THE CODE OF THE CRIMINAL PROCEDURE 1973
The Code of Criminal Procedure is mainly known as the criminal procedure code.
- In short way Code of Criminal Procedure is called CRPC.
⇒ Code of Criminal Procedure is the main legislation on the Procudure law of India. Code of Criminal Procedure was enacted in 1973 and came into force on 1 April 1974.
At present, the Code of Criminal Procedure contains →565 Sections, →5 schedules and →56 forms. And 565 sections divided into →46 chapters.
Code of Criminal Procedure provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
- Code of Criminal Procedure also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
• By Its very nomenclature, the Criminal Procedure Code is held in the case of shivjee singh Vs. Nagedra Tiwari, AIR 2010 SC 2261, is a compendium of law relating to criminal procedure.
- The provisions contained therein are required to be interpreted keeping in view the well-recognised rule of construction that procedural prescriptions are meant for doing substantial justice, Thus, the substantives law can be enforced and administered through Procedural law.
Criminal Procedural law is basically concerned with the procedure necessary for the enforcement of substantive criminal law, Criminal law, in its wider sense includes also criminal procedural law.
Mainly intended of Code of Criminal Procedure to provide a mechanism for the enforcement of criminal laws likes, Penal Code and other Criminal Acts.
In the absence of procedural law, the criminal law would be worthless because, without the enforcement mechanism, the threat of punishment to lawbreakers would remain empty in practice.
The law of criminal procedure is meant to be complementary to substantive criminal law.
⇔ It creates the necessary machinery for the detection of crime, arrest of criminals, collection of evidence, recording and framing of charges, determination of the guilt or innocence of the person, and the imposition of suitable punishment on the guilty person.
In addition, the Code also deals with the prevention of offences, maintenance of wives, children and parents and public nuisances.
It further attempts to strike a just balance between the need to give discretionary powers to functionaries under the Code to make investigative and adjudicatory processes strong and effective and the need for controlling the probable misuse/abuse of these powers.
On the whole, the Code of Criminal Procedure is a uniform procedural law dealing in matters of criminal proceedings for the whole of India.
Further, certain provisions of the Code have been made not applicable to the State of Nagaland and other tribal areas with discretion left to the State to make such provisions applicable by issuing a notification.
Conclusion
At present, the Code of Criminal Procedure contains 565 Sections, 5 schedules and 56 forms. And 565 sections divided into 46 chapters
CrPC is necessary for the enforcement of substantive criminal laws. Mainly intended of Code of Criminal Procedure to provide a mechanism for the enforcement of criminal laws likes, Penal Code and other Criminal Acts.
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