CODE OF CRIMINAL PROCEDURE, 1973- Introduction

ORIGIN

• Criminal law in India has been bifurcated in two sets of laws- substantive and procedural laws.
• Incorporation-
  • THE INDIAN PENAL CODE, 1860: Substantive law, constitutes of crimes and there punishments.
  • THE CODE OF CRIMINAL PROCEDURE, 1973: Procedural law establishes procedure or manner for authorities (judges, police and prosecution, etc) to act.

BEFORE CODIFICATION

The whole concept of crime went through different times, when categorized-

• Ancient times:
  • Different communities led to different perceptions.
  • Diverse crimes led to diverse procedural laws.
  • Hindu scriptures, guided the law writings.
• Medieval times:
  • Muhammadan Criminal Laws provided with trial proceedings.
• Modern times:
  • Currently existing code of criminal procedure was created and followed-
    • Created by- British.
    • Followed by- Indian Justice System.

CODIFICATION

THE THEN EXISTING PROCEDURE:

• Regulating Act, 1773 led to the establishment of Supreme Courts in-
  • Calcutta
  • Madras
  • Bombay
• These Supreme Courts were the pathway to the application of the then existing criminal procedures, The Criminal Procedure Supreme Court Act, 1851.

NOW EXISTING PROCEDURE:

• First Indian Revolt, 1857 or Sepoy Mutiny and some other relevant incidents led to criminal law reforms.
• First Law Commission was formulated under the criminal law reform.
• First Law commission-
  • Chairman, Thomas Babington Macaulay.
  • Founded the current code, Code of Criminal Procedure, 1861.
• Aimed to conduct criminal trials:
  • Being biased towards British.
  • Intentionally, try insurgent native Indians. 

REPLACEMENTS OF CODES

4 Procedural Codes (Code of Criminal Procedure, 1861, 1872, 1882, and 1898) got replaced for the final recast of Code of Criminal Procedure, 1973. Here, are the grounds for the introduction of the one which was introduced from replacement.

• CODE OF CRIMINAL PROCEDURE, 1872
  • GROUND- Biasness, allowing British Magistrates to try white accused under criminal proceedings.
• CODE OF CRIMINAL PROCEDURE, 1882
  • GROUND- Putting together (formulation) of 16 amendments.
• CODE OF CRIMINAL PROCEDURE, 1898
  • GROUND- Considering suggestions of Law Commission, set up to bring change in ongoing procedural code.
• CODE OF CRIMINAL PROCEDURE, 1973
  • GROUND- Considering 41^st Law Commission’s Report.

AMENDMENTS TO CODE OF CRIMINAL PROCEDURE, 1973

Multiple amendments took place since 1973, i.e- 1978, 1980, 1983, 1988, 1990, 1991, 1993, 2001, 2005, 2006, 2008, 2010, 2013 and 2018. Some of the major amendments are mentioned below:

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005

• Making Act more humane by-
• Generating rights and guidelines, in regard to a women’s arrest, as:
  • Forbids women arrest, before or after, sunrise or sunset.
  • Exception-
    • presence of women officer and
    • permission from Magistrate.
• Introduced mandatory judicial inquiries for:
  • custodial deaths and
  • custodial rapes.

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008

• Pivotal , as in-
  • Prisoners rights.
  • Compensatory jurisprudence on plight of crime.
  • Attempting to locate victim in a crime.

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2013

• Known as ‘Anti-rape bill’, as:
  • Followed by- Nirbhaya incident in December, 2012.
  • Amended- Concept of ‘what constituted rape’.
  • Laid down- Stringent punishments for rape offenders.
  • Introduced- Provisions for:
    • Sexual Harassment
    • Rape Victim Compensation Scheme
    • Other rape laws.

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2018

• Introduced in the backdrop of Kathua gang rape incident-
• Amended provisions, relevant to rape of minor.

CONCLUSION

• Code ensures free and fair justice.
• Follows the concept of ‘innocent until proven guilty.’
• Code’s replacements and amendments will ultimately work only when the provisions will meet the public as manifested.