Report No. 41

The Code of Criminal Procedure, 1898

Contents
	The Code of Criminal Procedure, 1898
	Introduction
Chapter 1	Preliminary
	Territorial extent of the Code
	References to territorial water in Central Acts
	Section 3 practically spent
Chapter II	Constitution of Criminal Courts and Offices
	Separation of executive from judiciary by parliamentary legislation
	Presidency Magistrates
	Sections 10 to 1.-Provisions for appointment of Judicial Magistrates separated
	Revised sections
Chapter III	Powers of Courts
	High Courts' original jurisdiction
	Few Magistrates empowered under the section
	Courts by which offences are triable
Chapter IV	Aid and Information to The Magistrates and The Police
	Aid and Information to The Magistrates and The Police
Chapter V	Arrest, Escape and Retaking
	Arrest, Escape and Retaking
Chapter VI	Processes to Compel Appearance
	Processes to Compel Appearance
Chapter VII	Processes to Compel Production of Things
	Processes to Compel Production of Things
Chapter VIII	Security for Keeping The Peace and for Good behaviour
	Introductory
	Power to vest exclusively in Judicial Magistrates of the first class
Chapter IX	Unlawful Assemblies
	Unlawful Assemblies
Chapter X	Public Nuisances
	Public Nuisances
Chapter XI	Temporary Orders in Urgent Cases of Nuisance and Apprehended Danger
	Temporary Orders in Urgent Cases of Nuisance and Apprehended Danger
Chapter XII	Disputes as to Immovable Property
	Introductor
	New su.-section (5A)
Chapter XIII	Preventive Action by The Police
	Preventive Action by The Police
Chapter XIV	Information to The Police and Their Powers to Investigate
	Scheme of Chapter
	Section 162
	Section 17
Chapter XV	Jurisdiction of Criminal Courts in Inquiries and Trials
	Introductor
	Amendment of proviso
	Applicability by section 179
	Both sections 179 and 182 held applicable
	Amendment recommended
	Criticism of su.-section (2)
	Amendment of main paragraph recommended
	Section 189
	Section 191
	Revised section relating to public servants
	Section 195 as revised
	Section 196 as revised
	Widening scope of section to cover all public servants not recommended
	Section 19
	Recommendation of the Press Commission
	Su.-sections (8) to (11)
Chapter XVI	Complaints to Magistrates
	General scheme of chapter.
	Complaints of offences triable exclusively by the Court of Session
Chapter XVII	Commencement of Proceedings Before Magistrates
	Scheme of Chapter
	Plea of guilty in absentia in petty cases
Chapter XVIII	Inquiry Into Cases Triable by The Court of Session or High Court
	Nature of committal proceedings until 1955
	Procedure in Israel
	Existing prosecuting agency in the districts
Chapter XIX	The Charge
	Section 221
	New su.-section recommended
Chapter XX	Trial of Summons Cases by Magistrates
	Section 24.-Introductory
	Section 245
Chapter XXI	Trial of warrant Cases by Magistrates
	Section 251
	Section 251A(12) and (13)
Chapter XXII	Summary Trials
	General
	Section 262
Chapter XXIII	Trials Before High Courts and Courts of Session
	Trials Before High Courts and Courts of Session
Chapter XXIV	General Provisions as to Inquiries and Trials
	Procedure when accused is a corporation or association
	Section 33.-su.-section (1) analysed
	Section 337(3)
	Revised section 339 recommended
	Stephen's criticism
	Section 342(2.-does it offend Article 20(3)
	Remand under section 344(1A) only after taking cognizance
	Petty theft should be compoundable
	Section 350(2)
Chapter XXV	Mode of Taking and Recording Evidence in Inquiries and Trials
	Section 353
	Section to apply to inquiries under Chapter XII
	Section 362
Chapter XXVI	Judgment
	Section 366(1.-Modes of pronouncing judgment
	Pronouncement of judgment by successor
Chapter XXVII	Submission of Sentences for Confirmation
	Submission of Sentences for Confirmation
Chapter XXVIII	Execution
	Section 38.-Death sentence passed by High Court in appeal or revision
	Section 386(2.- Rules for settling claims necessary
Chapter XXIX	Suspensions, Remissions and Commutation of Sentences
	Provisions ancillary to powers under the Constitution
	Provision for general amnesty not necessary
Chapter XXX	Previous Acquittals or Convictions
	Previous Acquittals or Convictions
Chapter XXXI	Appeals
	Section 404
	Section 412
	Provision for appeal to enhance sentence
	Section 42.-opening part
	Limit of sentencing powers of the Appellate Court
	Section 428
	Section 43.-Principle underlying
Chapter XXXII	Reference and Revision
	Introductory
	Changes necessary in view of separation of judiciary
Chapter XXXIV	Lunatics
	Lunatics
Chapter XXXV	Proceedings in The Case of Certain Offences Affecting the Administration of Justice
	Analysis of chapter
	Power to order costs
Chapter XXXVI	Maintenance of wives and Children
	Maintenance of wives and Children
Chapter XXXVII	Directions of The Nature of a Habeas Corpus
	Directions of The Nature of a Habeas Corpus
Chapter XXXVII	Attendance of Persons Confined or Detained In Prisons
	Attendance of Persons Confined or Detained In Prisons
Chapter XXXVIII	The Public Prosecutor
	The Public Prosecutor
Chapter XXXIX	Bail
	Broad principles regarding bail
	Section 497(5) and section 498
Chapter XL	Commissions for The Examination of witnesses
	Commissions for The Examination of witnesses
Chapter XLI	Special Rules of Evidence
	Special Rules of Evidence
Chapter XLII	Bonds
	Bonds
Chapter XLIII	Disposal of Property
	Introductory
	Section 517(2)
	Section 521
Chapter XLIV	Transfer of Criminal Cases
	Section 52.-sub-sections (1) to (7) formally revised
	Section 528(1)
Chapter XLV	Irregular Proceedings
	Irregular Proceedings
	Sub-section (1) amended to clarify the position
Chapter XLVI	Miscellaneous
	Introductory
	Section 544
	Section 559(2)
Chapter XLVII	Classification of Offences in The Second Schedule
	Five-fold classification under the second schedule
	Offence under section 498 should be non-cognizable
Chapter XLVIII	Conclusion
	Objectives of revision
	Summary of main changes proposed
	Enactment new code recommended