Crpc

Academic query!

What are the fact? What is the context?

As per your concern!

The Cr.P.C. contains 484 Sections and XXXVII Chapters. The Cr.P.C. describes that all offences in Indian Penal Code 1860 shall be investigated, inquired into, tried unless it is otherwise. Some of the basic features of Cr.P.C. are described below.

• Organisation of Criminal Courts: The Cr.P.C. provides a uniform set of criminal courts throughout the territory of India by conferring jurisdiction, powers and functions.

The Cr.P.C. mandates the separation of judiciary from the executive, which enables the state to work with independently and impartially without the interference of any other organs of the State.

• Fair Trial: Under Cr.P.C. every person is entitled to fair trial and hearing by an independent and impartial Tribunal. The accused is presumed to be innocent until the charges are proved.

The accused has the right to be represented by his counsel. Further, the accused has a right to cross-examine the witnesses of the opposite party.

• Protection to the accused person: Special provisions have been made to protect the interest of the accused person.

The Supreme Court also gave some important guidelines concerning the rights of the accused person in D.K.Basu v. State of West Bengal, AIR 1997 SC 610.

• Special Provision for the protection of the accused person: Free legal aid provision is made if the accused person is poor and cannot afford the costs of the litigation.

In petty cases the accused can even plead guilty by post and send the amount of fine specified in the summons to the court, therefore he need not appear before the court.

• Judicial Magistrates are under the control of High Courts: All Judicial Magistrates shall work under the control of High Courts of the respective states.

The Judicial Magistrates in Metropolitan cities are named Metropolitan Magistrates. The Cr.P.C. abolished the appointing of honorary Magistrates and Justices of peace.

• Trial Procedure: Procedure for trial of summary cases shall be the same as that for summons cases except where it is provided otherwise.

The Court of Sessions also has been given the power to exercise the revisory jurisdiction in addition to the High Courts. An appeal by the state against the order of the acquittal can be filed only after obtaining the leave of the High Court.

In case of adjournments, costs may be awarded against the party seeking adjournment including the prosecution.

• Duty of the Police: If the police officer refuses to record information about the commission of the crime the aggrieved person does have a right to send the information by post to the superintendent of the police.

Hope it is useful!
Regards
Minakshi Bindhani