The 1973 criminal procedure code came into effect on April 1, 1974. The 1973 Code of Criminal Procedure provides machinery for investigating crime, harm of crimes, collection of evidence, and determination of men’s real or innocence of the accused. It also determines the punishment of the guilty. It covers public nuisance, prevention, and maintenance of spouse, child, and parents.
Law Commission and its report
The Code of Criminal Procedure is applicable to all criminal proceedings in India. It covers all of India, except Jammu-Kashmir and Nagaland. From time to time, the Act has been amended by the central governments. The Act was amended in two important ways: 1923 and 55. The 1955 amendment was comprehensive and was intended to simplify procedures and facilitate fast disposal trials. Additionally, state amendments allowed for the separation of executive and judiciary power. The Code of 1898’s provisions has remained virtually unchanged, despite these amendments. Until 1955, when the Central Law Commission was established, there was no attempt to completely change the code.
In 1955, the first Law Commission was formed. It presented its first Report, the Fourteenth Report, on the Reformation both of civil and criminal law in 1958. Some recommendations were made regarding the criminal procedure. These required changes to the code. The commission conducted a systematic evaluation of the code to make recommendations and also attempt general revision.
The purpose of the 1973 Code of Criminal Procedure
The Criminal Procedure Code’s primary purpose is to ensure fair trials where no rights are violated and not unfairly favored. These were the basic principles of commission:
Fair trials should be conducted for all accused persons. The rule of natural justice shouldn’t be impeded.
The trial was expedited and a delay in the investigation and trial that is harmful were avoided.
Not only for the people involved but also for society.
The procedure should be easy and fair to the weaker sections of the community.
Other important suggestions for the speedy disposition of criminal cases:
The Act eliminates the preliminary or initial inquiry that was made before trial. This is because it caused a delay in the trial.
Provisions for adopting summons procedure to trial offenses that can be punished with up to two years imprisonment as at present. This would allow for a greater number of cases to be disposed of quickly.
The scope of summary trials has been expanded to include offenses that can be punished with imprisonment for up to one year.
All summary trials are subject to the summons procedure
The power to revise interlocutory orders is no longer available as it is time-consuming.
The provision prohibits subordinate courts from entertaining cases if a party indicates his intention to move to a higher court;
A further provision states that the Court attempting to grant the transfer application may not suspend proceedings unless it is necessary for the interests of justice.
The party that obtained such an order should pay for adjournments costs.
These are some of the most important changes that will provide relief for the right sections of the community.
Provisions made to provide legal assistance to the weaker, indicted in the case may be extended by the State Government to other cases
The Court can order victims of larger extension to receive compensation.
When an order is given to examine a witness, defense costs including the prosecution’s fees
The accused is given the opportunity to protest the punishment before it is imposed