Thursday 2 February 2012

The Code of Criminal Procedure, 1973

                            The Code of Criminal Procedure, 1973
 
                                                                        Introduction
 
There was no uniform law of criminal procedure for the whole of India For the guidance of the
Courts there were separate Acts which were applicable in erstwhile provinces and the presidency
towns The Acts which were applicable in the presidency towns were first consolidated by the
Criminal Procedure Supreme Court Act (16 of 1852) The Acts which were applicable in the
provinces were consolidated by the Criminal Procedure Code (25 of 1861) Criminal Procedure
Supreme Courts Act was replaced by the High Court Criminal Procedure Act (12 of 1865) and
the Criminal Procedure Code was replaced by Act 10 of 1872 A uniform law of procedure for
the whole of India was consolidated by the Code of Criminal Procedure of 1882 (10 of 1882) It
was replaced by the Code of Criminal Procedure, 1898 (5 of 1898) This Code of 1898 had been
amended by various amending Acts In 1955 extensive amendments were made to simplify
procedure and to speed up trials The State Governments too made a large number of
amendments to the Code of 1898 To make the criminal procedure more comprehensive the Law
Commission was asked to undertake a detailed examination of the Code of Criminal Procedure,
1898 The Commission submitted its report on 19th February, 1968 In the meanwhile Law
Commission was reconstituted and the reconstituted commission made a detailed study of the
Code of 1898 and submitted its report in September, 1969 Thereafter a draft Bill (41 of 1970)
was introduced in the Rajya Sabha on 10th December, 1970 The Bill was referred to a Joint
Select Committee of both the Houses of Parliament Incorporating the recommendations of the
Joint Select Committee the Code of Criminal Procedure Bill was taken up for consideration by
the Parliament.
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