Jan 18, 2018
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Repeal and savings under Code of Criminal Procedure

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Repeal and savings under Code of Criminal Procedure

Code Of Criminal Procedure, 1973 

The basic purpose of the Criminal Procedure Code to ensure a fair trial where no ones right infringed and also not unjustifiably favoured. The basic considerations of commission were that :

  1. there should fair trial proceeding for accused person and rule of natural justice should not infringed;
  2. Efforts  made to dispose of the trial expeditiously and to avoid delay in investigation and trial which is harmful
    not only to the individuals involved but also to society;
  3. the procedure should be simple and should also ensure fair justice to weaker section of community.

Repeal and savings

The Code of Criminal Procedure, 1898, hereby repealed.

Such repeal :

1. If, immediately before the code of Criminal Procedure comes into force, appeal, investigation, trial etc filed for competent court. Then such appeal, trial or investigation shall disposed of according to provisions of Code of Criminal Procedure, 1898. Its assumed, while dealing with the case, that as if Code of Criminal Procedure, 1973 had not came into force.
Provided that every inquiry under Chapter XVIII of the Old Code, which pending at the commencement of this Code, shall dealt with and disposed of in accordance with the provisions of Code of Criminal Procedure, 1973.

2.  All notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code. Which came into force immediately before commencement of Code of Criminal Procedure, 1973. It shall deemed to have came into force under the corresponding provisions of Code of Criminal Procedure, 1973.

3. Any sanction accorded or consent given under the Old Code related to which no proceeding commenced under old Code. Then it shall deemed to have accorded or given under the corresponding provisions of Code of Criminal Procedure, 1973. Commence of such proceedings under this Code in pursuance of such sanction or consent.

4. The provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of Article 363 of the Constitution.

Where the period prescribed for an application or other proceeding under the old Code had expired on or before the commencement of this Code, nothing in this Code shall construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefore is prescribed by this Code or provisions are made in this Code for the extension of time.

Article Categories:
Criminal law

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