38 Most Important Silent Features of the Code of Criminal Procedure, 1973

The 38 Most Important Silent Features of the Code of Criminal Procedure, 1973 are listed below:

(1) The Code of Criminal Procedure, 1973 provides a uniform set of criminal courts throughout the country.

(2) The judiciary has been separated from the executive. Judicial hierarchy is represented by the Chief Judicial Magistrate and First and Second Class Judicial Magistrates, District Magistrate and other subordinate magistrates continue to deal with problems relating to maintenance of law and order and the prevention of crime. All the important duties previously assigned to the District Magistrate under the old Code of 1898 have been entrusted to the Chief Judicial Magistrate.

(3) All the Judicial Magistrates shall function under the control of the High Court. Their sentencing power has also been enhanced. The Court of Sessions would continue to be what it has been so far.

(4) The system of appointing Benches of honorary Magistrates or Justices of the peace has been dispensed with. Instead a provision has been made for the appointment of retired or serving officers of Government as Special Magistrates with summary powers to try special categories of petty cases.

(5) The System of Presidency Magistrates has been extended to all the cities with a population of more than one million. These cities will be called metropolitan areas and the magistrates are named as Metropolitan Magistrates.

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(6) It has been provided that the procedure for summary trial will be the same as that for summons cases and that summons will be issued in the first instance in all summons cases while warrant will be issued ordinarily in all warrant cases.

(7) The Court of Sessions have been given power to exercise revisional jurisdiction in addition to the High Courts and where a revision is entertained by a Court of Session, there will be no further revision to the High Court.

(8) The powers of revision conferred on the superior courts cannot be exercised in interlocutory orders.

(9) An appeal by the State against an order of acquittal can be filed only after obtaining leave of the High Court. The State can file an appeal for enhancement of sentence.

(10) The aggrieved person will have a right to send the information by post to the Superintendent of police, if a police officer refuses to record information about commission of offence.

(11) The Courts are empowered to punish blatant cases of perjury on the spot.

(12) The jury system has been abolished.

(13) The withdrawal of criminal cases in which the Central Government is concerned can be done only with the consent of that Government.

(14) The recovery of fines imposed by Courts will be governed by the Revenue Recovery Act.

(15) The provisions for payment of compensation to victims of crime or for vexatious prosecutions have been liberalized.

(16) In those cases where a complaint is filed by some person, which case has also been investigated by the police, provisions have been made to co-ordinate the two proceedings.

(17) In cases triable by the Sessions Court if the accused is poor and without any means of his own, he will be entitled to free legal aid. The State Governments are empowered to extend this facility to other categories of cases also.

(18) In case of examination of a witness on commission on the request of the prosecution, the Court may order payment of all expenses including the fee of the pleader in that regard to the defence by the prosecution.

(19) Legal representatives of parties have been given right to compound the case with the permission of the Court after the death of the parties.

(20) Some special provisions such as sections 313, 315 and 164(2), etc. have been made for protecting the interests of the accused.

(21) The procedure for the appointment of public prosecutors and assistant public prosecutors have been systematized and qualifications have been prescribed for them.

(22) The period of detention in jail during remand shall be counted against the sentence of imprisonment ultimately awarded in the case.

(23) An arrested person has a right to be medically examined to help him in his defence or to prove that he was subjected to assault, etc. during custody.

(24) It has been specified that no arrested person can be kept under detention by the police or more than twenty-four hours without being produced before a magistrate.

(25) The magistrate may authorize the detention of the accused person otherwise than in the custody of police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, for a total period not exceeding ninety days relating to an offence punishable with death, life imprisonment or for a term of not less than ten years and sixty days in the case of investigation relating to any other offence.

(26) Offences punishable with imprisonment up to two years will be tried as summons cases.

(27) Summons to witness can be served by post.

(28) The committal proceedings in session’s cases have been abolished.

(29) The practice of seeking stay on the ground of intention to move for transfer of proceedings has been abolished.

(30) The Court has power to record evidence by dictation to stenographers.

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

(32) The Code has prescribed a period of limitation in case of certain categories of offences.

(33) The need for oral examination of formal witnesses has been dispensed with.

(34) The trial may be continued even in absence of the accused if he persistently disturbs the proceedings.

(35) It will not be necessary to read out the judgment in the Court, if a copy is given to the accused.

(36) The practice of hearing of the party heard cases to be continued by the successor in office in the Courts of Magistrate has been extended to the Courts of Sessions.

(37) Bail provisions have been liberalized.

(38) A member of the Armed Forces of the Union cannot be arrested for any act done in the discharge of his official duties without the previous consent of the Central Government and no prosecution can be launched against such person. This immunity can be extended to the State Forces by the State Government.