THE CODE OF CRIMINAL PROCEDURE (ACT V OF 1898)
PART I PRELIMINARY
CHAPTER I
Section 1
Sectioin 1. Short title commencement and extent:
(1)This Act may be called the Code of Criminal Procedure, 1898, and it shall come into force on the first day of July, 1898.
(2)Extent. It extends to the whole of Pakistan but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
Criminal Procedure Code (V of 1898) Section 1(2) and Section 5(2)‑‑‑Applicability to matters governed by any special or local law‑‑‑Joint reading of the provisions of Sections. 1(2) and 5(2), Cr. P. C. indicates that the Code of Criminal Procedure is not applicable to the matters governed by any special or local law unless expressly provided making it applicable to such special or local law wholly or to any extent. 2003 Y L R 1185
Criminal Procedure Code (V of 1898)‑‑‑Section 1(2) :Cases registered against accused being triable by Special Court established under provisions of Anti‑Terrorism Act, 1997, provisions of Section 196, Cr.P.C. which pertained to general law, would not be applicable to proceedings before Special Court because the Act which was a special law had overriding effect notwithstanding anything contained in Criminal Procedure Code, 1898 or any other law---Provisions of Section 196, Cr.P.C. would not be applicable to proceedings before Special Court in view of inconsistency and difference between provisions of Section 30, Anti‑Terrorism Act, 1997 and Section 196 of Criminal Procedure Code, 1898. 2000 M L D 946
Criminal Procedure Code (V of 1898), Section 1(2), 5(2) 6, 435 and 439: Revision against the order of Special Court before High Court ‑‑‑ Competency ‑‑‑ Where the Ordinance is silent about the conduct of the proceedings of a trial, the provisions of Code of Criminal Procedure, 1898, would apply ‑‑‑ Special Court being a Court inferior to the High Court, powers under Sections 435 and 439, Cr.P.C. to check the correctness, legality or propriety of any other finding or order recorded or passed would not stand excluded ‑‑ Powers of High Court under Ss.435 & 439, Cr.P.C. remained intact in spite of prohibitory and negative provisions.1993 S C M R 1853
Criminal Procedure Code (V of 1898), Section 1 (2)- Applicability of Code -Held : Code of Criminal Procedure being general law, same to be applicable to whole of Pakistan and to all courts exercising jurisdiction under Code; Code, however, not to be applicable to any special or local law prescribing special procedure for trial or period of limitation. PLJ 1985 67
Explanation, Illustration and Relevant Cases:
Criminal Procedure Code (V of 1898) Section 1(2) and Section 5(2)‑‑‑Applicability to matters governed by any special or local law‑‑‑Joint reading of the provisions of Sections. 1(2) and 5(2), Cr. P. C. indicates that the Code of Criminal Procedure is not applicable to the matters governed by any special or local law unless expressly provided making it applicable to such special or local law wholly or to any extent. 2003 Y L R 1185
Criminal Procedure Code (V of 1898)‑‑‑Section 1(2) :Cases registered against accused being triable by Special Court established under provisions of Anti‑Terrorism Act, 1997, provisions of Section 196, Cr.P.C. which pertained to general law, would not be applicable to proceedings before Special Court because the Act which was a special law had overriding effect notwithstanding anything contained in Criminal Procedure Code, 1898 or any other law---Provisions of Section 196, Cr.P.C. would not be applicable to proceedings before Special Court in view of inconsistency and difference between provisions of Section 30, Anti‑Terrorism Act, 1997 and Section 196 of Criminal Procedure Code, 1898. 2000 M L D 946
Criminal Procedure Code (V of 1898), Section 1(2), 5(2) 6, 435 and 439: Revision against the order of Special Court before High Court ‑‑‑ Competency ‑‑‑ Where the Ordinance is silent about the conduct of the proceedings of a trial, the provisions of Code of Criminal Procedure, 1898, would apply ‑‑‑ Special Court being a Court inferior to the High Court, powers under Sections 435 and 439, Cr.P.C. to check the correctness, legality or propriety of any other finding or order recorded or passed would not stand excluded ‑‑ Powers of High Court under Ss.435 & 439, Cr.P.C. remained intact in spite of prohibitory and negative provisions.1993 S C M R 1853
Criminal Procedure Code (V of 1898), Section 1 (2)- Applicability of Code -Held : Code of Criminal Procedure being general law, same to be applicable to whole of Pakistan and to all courts exercising jurisdiction under Code; Code, however, not to be applicable to any special or local law prescribing special procedure for trial or period of limitation. PLJ 1985 67
No comments:
Post a Comment