Category Archives: Criminal Procedure

The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.

An analysis of the Consequences of Non-Adherence of Procedure of Arrest

Cr.P.C provides stringent procedural requirements for giving effect to an arrest. However, no provision is devoted to the consequences that will follow in case of non-adherence of these procedures; no law speaks about the liability of the police officers or the State in case of failure to follow the procedures or whether such arrest is legal or illegal.… Read More »

The Functionaries under the Code of Criminal Procedure, 1973

Introduction The functionaries exercising powers and discharging duties under the Code of Criminal Procedure, 1973 are the police, the prosecutors, defence counsels, Courts and Prison Authorities. Amongst these, the role of the Magistrates and courts is pivotal while other functionaries are, in a way, accessories to it. It is, therefore, expedient to consider the constitution, powers and functions… Read More »

Preventive Action by a Police Officer under the Code of Criminal Procedure, 1973

The primary object of criminal procedure is to provide machinery for the administration of substantive criminal law. Therefore, the Code enacted elaborate pre-emptive measures to provide for any preventive action to be taken by a police officer to prevent the commission of a cognizable offence. These matters are contained in Sections 149 to 153 of the Code. For… Read More »