Philosophical & historical background of Criminal Procedure Code.1973

1. Kumara.N.J.
Assistant Professor of Law
Vidyavardhaka Sangha (R)
Vidyavardhaka Law College, Mysuru
Topic:
Philosophical & historical
background of Criminal Procedure
Code.1973

2. Introduction:
The concept of crime has been changing with the change in the socio-
economic background of the society.
The concept of crime is essentially concerned with the conduct of
individuals in society.
Crime is an act of an individual associated with anti-social elements who
for some reasons or the other deviate from the normal behavior pattern of
individuals.
Since, man‘s interests are best protected in the social life of society,
therefore every member of society owes certain duties towards the other
members and also has certain rights and privileges, which he insures for
him from others.
It is the obligation on the state to maintain normalcy in society through
Crime Control Machinery.
Administration of Criminal Justice System is a set of legal and social
institutions for enforcing the criminal law in accordance with a defined
set of procedural rules and limitations.
The Criminal Justice System has the power to control crime and punish
criminals

3. The outline of the Criminal Justice System can given us such:-
a) Criminal Justice is concerned with the violation of criminal law and
strictly interpreted, deals with the enforcement and procedures of
criminal law.
b)there are two aims of the Criminal Justice System : to control crime
and to assure due process.
The main objectives of the Criminal Justice System are as follows:-
To prevent the occurrence of crime.
To punish the transgressors and the criminals.
To rehabilitate the transgressors and the criminals.
To compensate the victims as far as possible.
To deter the offenders from committing any crime in future.
The fact that every country of this world has its own legal setup, which
aims for a nation whose inhabitants are free from any kind of fear of
crime.
Promoting a secure life and cultured society is its foremost principle.

4. A legal system recognizes certain rights, prescribes duties upon people
and provides the means of enforcing the same.
The legal system which enforces the same does it through a machinery.
This machinery is termed as ―Law Enforcing Machinery. The LEM
includes of Judges, Advocates, para legal personnel as well as various
investigating agencies like the Police, Central Bureau of Investigation,
Criminal Investigation Department of States and many other preventive
and enforcement agencies.
Together this machinery helps in combating the crime and the criminals.
when a crime is committed, the police department of that jurisdiction in
which the crime has occurred is responsible for bringing the culprits to
the notice of the law.
But there are situations in which crimes of very complex nature and which
are related with larger public interest need to be investigated.
All the investigating agencies have been equipped with wide range of
powers for combating the crime and the criminals.
But only the proper use of such power lead to an effective investigation.
Abuse of power will lead to dissatisfaction and lack of trust among the
individuals of the society

5. Objectives of Criminal Justice System are:
To prevent growth of deviant behavior in the society.
To detect deviant behavior.
To evaluate the degree of deviance.
To adjudicate the damages and consequences of the deviant behavior
to the society.
To prescribe the quantum of punishment needed to correct the
deviance.
To administer the corrective steps.
Thus we can say that the basic philosophy in Criminal Justice System is
to reform the errant member and to reintroduce him as a useful
member into the society.
Criminal Justice System Consists Of Four Components :
They deal with different aspects of Crime Control in Society. They are
as follows:-
(i) Law givers (ii) The Law Enforcers (iii) Judiciary-Adjudicators of
guilt (iv) Correctional Administration.

6. Law Enforcing Agency: a police service which is the primary law enforcement
agency.
They are charged with:-
• Maintenance of peace in society.
• To prevent and detect the occurrence of crime.
• To collect and present material evidence in proof of violation before
judicial.
• Adjudicators.
• To assist in the administration of justice.
Concerned with the dignity of the individual, the Criminal Justice System
provides many safeguards to ensure that the citizens are protected against
harassment and their rights are not violated. These are:-
 All laws are to be in consonance with the Basic Law-The Constitution.
 Enforcement should be in accordance with the procedures prescribed by
law.
 Adjudication of guilt should be done by the judiciary alone.
 All wings of Criminal Justice System should strictly follow the due process
and principles of natural justice.
Hence, it is understood that unless there is perfect co-ordination among the four
wings of Criminal Justice System, the criminals will suffer.

7. The 1st law commission particularly its Chairman Lord Macaulay
made an attempt to codify and defining crime and prescribing
appropriate punishment. As a result An Indian Penal Code (IPC)
was adopted and came into force in 1860.
As a sequel to Indian Penal Code (IPC), Criminal Procedural Code
(Cr.PC.) was enacted in 1861 which gives the rules to be followed in all
stages of investigation, trial and sentencing. With various
amendments the complete code came into force as Criminal
Procedure Code, 1973. including the amendments till 2018.
An Act to consolidate and amend the law relating to Criminal
Procedure. The Code of Criminal Procedure (Cr.PC ) is the main
legislation on procedure for administration of substantive criminal law
in India.
Indian Penal Code (IPC) is a substantive law which defines various
crimes/offences that are punishable in India and prescribes the
punishment laid down for the commission of that crime/offence. ...
Whereas Criminal Procedure Code (Cr.PC) as the name suggests is
the procedural law.

8. Cr.Pc is the main legislation on the procedure for administration on
substantive criminal law in India.
which provides the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence,
determination of guilt or innocence of the accused person and the
determination of punishment of the guilty.
Additionally, it also deals with public nuisance, prevention of offences
and maintenance of wife and children.

9. Criminal Amendment Act 2018:
Statement of Objects and Reasons
Recent incidents of rape and gang rape on women under the age of
sixteen years and twelve years have shaken the conscience of the entire
Nation.
Therefore, the offences of rape and gang rape on women under the age of
sixteen years and twelve years required effective deterrence through
legal provisions of more stringent punishment.
Some of the incidents in recent years have been marked by increased
brutality and violence perpetrated on minor girls.
This has fueled demands from various sections of the society to make the
penal provisions more stringent and effective, immediate arrest of the
accused and ensure speedy trial in such cases.
As the Parliament was not in session and immediate action was required to
be taken in this regard to make necessary amendments in the Indian Penal
Code 1860, Indian Evidence Act, 1872, the Code of Criminal
Procedure, 1973 and the Protection of Children from Sexual Offences
Act, 2012, the President promulgated the Criminal Law (Amendment)
Ordinance, 2018 on 21st April, 2018.

10. AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
Amendment of section 26:
10. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred
to as the Code of Criminal Procedure), in section 26, in clause (a), in the
proviso, for the words, figures and letters "section 376A, section 376B, section
376C, section 376D", the words, figures and letters "section 376A, section
376AB, section 376B, section 376C, section 376D, section 376DA, section
376DB" shall be substituted.
Amendment of section 154:
11. In section 154 of the Code of Criminal Procedure, in sub-section (1),—
(i) in the first proviso, for the words, figures and letters "section 376A, section
376B, section 376C, section 376D", the words, figures and letters "section
376A, section 376AB, section 376B, section 376C, section 376D, section
376DA, section 376DB," shall be substituted;
(ii) in the second proviso, in clause (a), for the words, figures and letters
"section 376A, section 376B, section 376C, section 376D", the words, figures
and letters "section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB," shall be substituted.

11. Amendment of section 161:
12. In section 161 of the Code of Criminal Procedure, in sub-section (3),
in the second proviso, for the words, figures and letters "section 376A,
section 376B, section 376C, section 376D", the words, figures and
letters "section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB" shall be substituted.
Amendment of section 164:
13. In section 164 of the Code of Criminal Procedure, in sub-section
(5A), in clause (a), for the words, figures and letters "section 376A,
section 376B, section 376C, section 376D", the words, figures and
letters "section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB" shall be substituted.

12. Amendment of section 173:
14. In section 173 of the Code of Criminal Procedure,— (i) in sub-
section (1A), for the words "rape of a child may be completed within
three months", the words, figures and letters "an offence under
sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or
376E of the Indian Penal Code shall be completed within two
months" shall be substituted; (ii) in sub-section (2), in clause (i), in sub-
clause (h), for the words, figures and letters "sections 376, 376A,
376B, 376C, 376D", the word, figures and letters "sections, 376,
376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be
substituted.
Amendment of section 197:
15. In section 197 of the Code of Criminal Procedure, in sub-section
(1), in the Explanation, for the words, figures and letters "section 376A,
section 376C, section 376D", the words, figures and letters "section
376A, section 376AB, section 376C, section 376D, section 376DA,
section 376DB" shall be substituted.

13. Amendment of section 309:
16. In section 309 of the Code of Criminal Procedure, in sub-section (1), in
the proviso, for the words, figures and letters "section 376A, section 376B,
section 376C or section 376D of the Indian Penal Code, the inquiry or trial
shall, as far as possible", the words, figures and letters "section 376A,
section 376AB, section 376B, section 376C, section 376D, section 376DA
or section 376DB of the Indian Penal Code, the inquiry or trial shall,"
shall be substituted.
Amendment of section 327:
17. In section 327 of the Code of Criminal Procedure, in sub-section (2), for
the words, figures and letters "section 376A, section 376B, section 376C,
section 376D", the words, figures and letters "section 376A, section 376AB,
section 376B, section 376C, section 376D, section 376DA, section 376DB"
shall be substituted.
Amendment of section 357B:
18. In section 357B of the Code of Criminal Procedure, for the words,
figures and letters "under section 326A or section 376D of the Indian Penal
Code", the words, figures and letters "under section 326A, section
376AB, section 376D, section 376DA and section 376DB of the Indian
Penal Code" shall be substituted.

14. Amendment of section 357C:
19. In section 357C of the Code of Criminal Procedure, for the figures and
letters "376A, 376B, 376C, 376D", the figures and letters "376A, 376AB,
376B, 376C, 376D, 376DA, 376DB" shall be substituted.
Amendment of section 374:
20. In section 374 of the Code of Criminal Procedure, after sub-section (3),
the following sub-section shall be inserted, namely:—
"(4) When an appeal has been filed against a sentence passed under
section 376, section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB or section 376E of the Indian
Penal Code, the appeal shall be disposed of within a period of six months
from the date of filing of such appeal.".
Amendment of section 377:
21. In section 377 of the Code of Criminal Procedure, after sub-section (3),
the following sub-section shall be inserted, namely:—
"(4) When an appeal has been filed against a sentence passed under
section 376, section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB or section 376E of the Indian
Penal Code, the appeal shall be disposed of within a period of six months
from the date of filing of such appeal.".

15. Amendment of section 438:
22.In section 438 of the Code of Criminal Procedure, after sub-section (3), the
following sub-section shall be inserted, namely:—
"(4) Nothing in this section shall apply to any case involving the arrest of any
person on accusation of having committed an offence under sub-section (3) of
section 376 or section 376AB or section 376DA or section 376DB of the Indian
Penal Code.".
Amendment of section 439:
23. In section 439 of the Code of Criminal Procedure,—
(a) in sub-section (1), after the first proviso, the following proviso shall be inserted,
namely: —
"Provided further that the High Court or the Court of Session shall, before
granting bail to a person who is accused of an offence triable under sub-section
(3) of section 376 or section 376AB or section 376DA or section 376DB of the
Indian Penal Code, give notice of the application for bail to the Public
Prosecutor within a period of fifteen days from the date of receipt of the notice
of such application.";
(b) after sub-section (1), the following sub-section shall be inserted, namely:—
"(1A) The presence of the informant or any person authorised by him shall be
obligatory at the time of hearing of the application for bail to the person under
sub-section (3) of section 376 or section 376AB or section 376DA or section
376DB of the Indian Penal Code.".