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Code of criminal proceedings, Lecture notes of Law

Sharda UniversityLaw

CrPC - code of criminal proceedings notes

Typology: Lecture notes

2020/2021

Uploaded on 01/13/2021

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The Code of Criminal Procedure,
1973
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The Code of Criminal Procedure,

Legislature

Judiciary

Legislature Law Making Executive Implementation of Law Judiciary Interpretation of Law

Normative Meaning

What is a norm? Norm 1 Norm 2 Norm 3 . . . Norm ∞

Constitution

Basis of Law of the land NOT Grundnorm

Body of facts

(certain time and in certain place)

External Legal manifestation meaning of the act of human conduct

Morality Legality act

Law “is” NOT “ought to be”

Constitution Constitutionalism Preamble Judicial Review Rule of Law Separation of Power Checks and Balances

Importance of Criminal Procedure

  • Affects greater number of people comparatively.
  • Human values are involved.
  • Complimentary to substantive criminal law.

Focus on the following words:

  • Criminal
  • Code
  • Codification
  • Consolidation
  • Procedure

Consolidation

  • Presidency Town Criminal Procedure Supreme Court Act ( 1852 ) replaced High Court Criminal Procedure Act ( 1865 ) Province Criminal Procedure Code ( 1861 ) replaced Criminal Procedure Code ( 1872 )

Whole of India

  • Code of Criminal Procedure of 1882
  • Code of Criminal Procedure, 1898 amending Act and State Governments
  • Law Commission submitted its detailed examination of Code of 1898 in 1969.
  • Bill of 1970 was passed The Code of Criminal Procedure, 1973