Criminal Procedure Code 1898 (as replaced by a new code in 1973) 3

Prior to British rule there was no uniform law of criminal procedure for India as a whole. There were separate Acts, very rudimentary in character, which were meant to guide the procedure of courts in the former provinces, presidency towns and Indian states. It was the Criminal Procedure Code of 1882 which gave, for the first time, a uniform procedural law for the whole of British India. This was later supplemented by the 1898 Act. The Code of 1898 was amended from time to time as it was found to be wanting, particularly when India became independent and the Indian states became part of the Republic of India.

             The Law Commission made a detailed study of the Code and gave its 41^st report in September 1969. The Code was fully amended in 1973 and it came into force from 1^st April 1974. The Criminal Procedure Code is mainly an adjective law of procedure. Its object is to provide machinery for punishment of offences against substantive criminal law, for example the Indian Penal Code. In fact, this code is to be read together with the Indian Evidence Act. The machinery provided in the Code is also the same for the local offences under the Acts other than the IPC. The Code however is not merely procedural law. It has provisions which are of nature of substantive law, for example the prevention of offences, maintenance (of children, wife and father and mother), proceeding  under Chapter IX Section 125. Some of the important areas covered by the Criminal Procedure Code are:

(i) constitution of Criminal Courts and offices;

(ii) powers of courts;

(iii) arrest of persons;

(iv) process of compel appearance of an accused and witnesses;

(v) framing of charges;

(vi) committal proceedings;

(vii) trials before the Magistrate;

(viii) court of sessions;

(ix) summary  trials;

(x) appeals, etc.