Crpc
Fasil
(Querist) 04 March 2012
This query is : Resolved
Why CrPC is not applicable to Nagaland? is that the same reason of J&K ?
Arvind Singh Chauhan
(Expert) 04 March 2012
I don't think that it is not applicable in Nagaland. If I am wrong, please refer the provision.
Fasil
(Querist) 04 March 2012
I'm sorry its regarding Chapters VIII, X and XI of CrPC
Shonee Kapoor
(Expert) 04 March 2012
Then there would be some specific procedure in Nagaland.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 04 March 2012
CHAPTER 1
1.
Short title extent and commencement.
1. Short title extent and commencement. (1) This Act may be
called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and
Kashmir:
Provided that the provisions of this Code, other than those
relating to Chapters VIII, X and XI thereof, shall not apply-
(a) to the State of Nagaland,
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such
provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Now,here is your answer;
Explanation.- In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
It is most unfortunate thing that even after passing of new Code of Criminal Procedure, 1973 and is made applicable to the entire country, no attempt is made to apply these provisions to the agency tracts, thereby discrimination is shown in between trials conducted against the accused in agency area and the trial conducted in the plain area.—Savalam Suranna Dora vs. State, 2004 CrLJ 427 (AP) = 2004 (1) Cur CriR
268 (AP) = 2003 (2) ALD (CrL) 742 (AP)
Nadeem Qureshi
(Expert) 05 March 2012
Dear Fasil
the state govt. have power to appy such provision by notification.
read it.
1. Short title, extent and commencement
(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-
(a) to the State of Nagaland,
(b) to the tribal areas,
but the concerned State Government may , by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation.- In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.
feel free to call
Guest
(Expert) 05 March 2012
Intelligent question by Fasil, of course!
The reason for non-applicability of the part of the CrPC in Nagaland and other tribal areas is that the respective customary laws are applicable in the tribal areas. Crimes in tribal areas are dealt with according to the customs of the respective tribes.
However, the concerned States are empowered to enact local laws with due regard to the customary laws of the respective tribes.
Fasil
(Querist) 06 March 2012
now i understood that this contradiction due to special status Nagaland by Article 371-A of constitution ...
Thank you all for your very informative replays ... I'm very glad to be a part of this glorious journey of legal knowledge ...
Guest
(Expert) 06 March 2012
You are welcome, Fasil.
