Preamble: Code of Criminal Procedure (Act V of 1898), Preamble, Code of Criminal Procedure 1898,

THE CODE OF CRIMINAL PROCEDURE (ACT V OF 1898)

Preamble

[22nd March, 1898]

Preamble

(An act to consolidate and amend the law relating to the Criminal Procedure)

WHEREAS it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows:

Explanation, Illustration and Relevant Cases:

Criminal Procedure Code (V of 1898): Preamble---Special law and general law---Provisions of Criminal Procedure Code, 1898---Applicability---Promulgation of special law by itself is not sufficient to supersede provisions of law contained in Criminal Procedure Code, 1898---In case, offence has no nexus with the parameters of special law, then general law applies. P L D 2007 Supreme Court 571

Criminal Procedure Code (V of 1898): Preamble---Condonation of delay--­Criminal Procedure Code, 1898, does not contain any provision for condonation of delay. 2003 Y L R 1742

Criminal Procedure Code (V of 1898): Preamble---Scheme---Entire scheme of the Criminal Procedure Code is to streamline, channelize and facilitate the smooth running of the system of Criminal justice: therefore, while interpreting any provision of it efforts are to be made so that neither any obstruction in its way is created, not it is thwarted in any manner and that too on the basis of technicalities simpliciter, because giving effect to the form and not to the substance would certainly defeat the ends of justice and ultimately the purpose of the law itself and such approach would definitely be prejudicial to the system itself. P L D 2003 123

Criminal Procedure Code (V of 1898): Preamble‑‑-‑Administration of justice‑‑‑Criminal trial‑‑‑Principle‑‑‑Law favours adjudication on merits‑‑‑Criminal Procedure Code, 1898, like all other procedural law had provided mechanism to. foster cause of justice and not to hamper the same‑‑‑Too stringent interpretation of any provision of law would not in any way advance cause of justice especially when case of accused was not prejudiced and he would get full and fair chance to defend himself‑‑‑Courts of law were not to sit as silent spectators if Public Prosecutor for any reason, would fail or neglect to discharge his duties‑‑­Court as guardian of law was required to act in furtherance to the cause of justice. 2000 M. L D 865

Criminal Procedure Code (V of 1898): Preamble‑‑‑Review in criminal cases‑‑‑Criminal Courts have no powers under Cr.P.C. to review the judgment passed by such Courts. 1999 P Cr. L J 771

Criminal Procedure Code (V of 1898): Preamble---Issuance of search warrant on anonymous information---Criminal Procedure Code contains no provision to issue search warrant on an information given by some anonymous person. 1999 M L D 1618