Code of Criminal Procedure -Cover Page-

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2019-20
CODE OF CRIMINAL PROCEDURE

Project On Topic

“AN ANALYSIS OF 154TH REPORT OF THE LAW

COMMISSION OF INDIA”

SUBMITTED TO SUBMITTED BY

DR. PREM KUMAR GAUTAM NEHA KUMARI BIND

ASSTT. PROF. (LAW) ROLL NO. : 170101086
3 rd YEAR (5TH SEMESTER)
Code of Criminal Procedure -Table of Contents-

TABLE OF CONTENTS

ACKNOWLEDGEMENT ............................................................................................................................. i
INTRODUCTION ........................................................................................................................................ 1
THE 154TH LAW COMMISSION REPORT: A DETAIL ANALYSIS ....................................................... 1
CRITICAL APPROACH ............................................................................................................................ 10
CONCLUSION ........................................................................................................................................... 10
REFERENCES ............................................................................................................................................. ii
Code of Criminal Procedure -Acknowledgement-

ACKNOWLEDGEMENT

The importance of research in Academics cannot be emphasized enough. While classroom

teaching helps a student with understanding the fundamental concepts of a subject, research

papers like this push one towards the detailed analysis of particular topics.

The fundamentals of my understanding of this topic were established with the classroom lectures

of Dr. Prem Kumar Gautam, Assistant Professor (Law) at this University. He has since guided

me on this topic for which I am very grateful. I am also grateful to Dr. Madhu Limaye Library,

Dr. Ram Manohar Lohiya National Law University, Lucknow which provided me with the

required support both in the form of books and online database which has been of immense value

to this project.

This research was only built upon existing research of stalwarts in the field of law, parts of which

have been reproduced and duly cited. I am thankful to the authors of all such existing research.

Finally, I acknowledge the support of my peers, the blessings of my parents and the never

ending grace of the almighty which has been the driving force of everything good in my life

including this research paper.

i
 Code of Criminal Procedure -An Analysis of 154 thReport of the Law Commission of India -

INTRODUCTION
154th Report of the law commission was based on the “Code of Criminal Procedure, 1973”.
The 154th Law Commission has undertaken a study of comprehensive revision of the Code of
Criminal Procedure, 1973 so as to remove the germane problems leading to consequential delay
in disposal of criminal cases. In this report several measures have been suggested to improve the
quality of investigation and to reduce the delays in the disposal of criminal trials and appeals and
also to alleviate the suffering of under trial prisoners. The Law Commission of India specifically
discussed the issue threadbare in its 154th Report and categorically recommended for separating
the investigating agency from the law and order police. A need of the separate wing of the
investigation with clear mandate and accountable only to Rule of Law was focused.

The 154th Report also states that the entire process of plea-bargaining can be initiated by the
court suo motu to ascertain the willingness of the accused. Law of arrest, Custody, Remand, Bail,
Anticipatory bail, summon were the part of the report. The Law Commission of India also
reviewed the Code of Criminal Procedure, 1973 in its 154th Report for removing the
impediments in the justice delivery system. In this report different measures were taken for
speedy and cost effective justice. For this purpose, number of posts of judges and judicial
officers were increased, establishment of special courts and tribunals and adoption of alternative
modes of dispute resolution, such as arbitration and conciliation. Lok Adalats have been given a
statutory base as supplementary forum for resolution of disputes.

The commission has examined the subjects of organization of criminal courts, proceedings,
criminal appeals, revisions and inherent powers, procedure for trial of perjury cases, etc.

THE 154TH LAW COMMISSION REPORT: A DETAIL ANALYSIS

The law commission had also undertaken an intensive study of the code with a view to abolish
the problems and bottlenecks leading to delay in the disposal of criminal cases as well as other
remedial measures. The following areas were identified in report to reconstructing and
redesigning:

i. Establishment of Separate Investigating Agency: Police department is understaffed and has a

heavy duty to perform. Defense takes the advantage of such defect of investing process. To

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improve the quality of investigation, commission suggested that investigation authority should be
distinct from the police department. Such separation will ensure undivided attention to the
detection of crime. It was felt that there is an urgent need to increase the cadre of investigating
officers and for restructuring the police hierarchy to secure, inter alia, a large number of officers
to handle investigation work.
ii. Independent Prosecuting Agency: The Supreme court in the case of S.B. Shahane v. State of
Maharashtra1 held that the prosecution agency be autonomous having a regular cadre of
Prosecuting officers. It is a general complain that public prosecution does not prepare case
carefully and the quality of prosecution is poor. In order to ensure successful prosecution of
criminal cases, police and prosecutions should be closely coordinated. In Babu v. State of
Kerala2, the Kerala High Court graphically described the role of Public Prosecutors as follows:
“Public Prosecutors are really Ministers of justice whose job is none other than assisting
the State in the administration of justice. They are not representatives of any party. Their
job is to assist the court by placing before the Court all relevant aspects of the case.”
iii. Law of Arrest: Right to liberty is a basic human right and also a fundamental right under Article
21 of constitution. On the basis of Joginder Kumar v. State of U.P.3 suggestion was given to
incorporated a new Section 41A, also in this case court pointed out that “ the law of arrests is one
of balancing individual rights, liberties and privileges, on the one hand, and individual duties,
obligation and responsibilities on the others, of weighing and balancing the rights, liberties and
privileges of the single individual and those of individuals collectively: of simply deciding what
is wanted and where to put the weight and the emphasis, of deciding which comes first—the
criminal or society, the law violator or the law abider….” It was suggested that the Police officer
making an arrest should also record in case diary the reasons for making the arrest.
iv. Custody, Remand and Change in Sections 167(2) - U/s 167(2) of the code, the police custody
can be only during the first 15 days of the remand and not later CBI, New Delhi v. Anupam J.
Kulkarni4. In this report it was suggested that it should be permissible for the prosecution to seek
police custody during the period of remand at any time if a need arises. Although the total

1
1995 (3) SCR 672
2
(1984) Cri. LJ 499 (Ker) at 502
3
1994 SCC (4) 260
4
(1992) 3 SCC 141

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remand should not exceed 15 days. Amendment in Section 167(2) was suggested for fresh police
custody if sought by the CBI but it should not exceed 15 days on the whole.
v. Bail, Anticipatory Bail and Sureties- the commission said about the amendments of Section
436 of the code that they are consistent with the Supreme Court’s pronouncements and juristic
opinion that poor accused committing bailable offences should not be denied bail on the basis of
indigency. Committee discussed Sec. 438(anticipatory bail) and mentioned the different views
regarding the retention and deletion of the provision of anticipatory bail. One view is that it is
being misused by affluent and influential sections of accused in society and hence be deleted
from the code. The other view is that it is a salutary provision to safeguard the personal liberty
and therefore be retained. The opinion of the committee was that provision contained U/S 438
regarding anticipatory bail should remain in the code but subject to the amendments suggested in
clause 43 of the Code of Criminal Procedure (Amendment) Bill, 1994 which lays down adequate
safeguards. It also seeks to incorporate a new section S. 441A to deal with the abuse of
professional and fake sureties.
vi. Bail- Attendance of Accused- Appellate Stage: Section 437-A was proposed that says that in
cases where appeals against acquittals have been filed or where appeal for enhancement of
sentence are filed as the case may be, the accused, before conclusion of the trial or before
disposal of the appeal, the trial court or the appellate court as the case may be, require the
accused to execute bail bonds with sureties, which shall be in force for twelve months.
Undertaking to appear before the higher court and when such court issues notice in respect of
any appeal or petition filed against the judgment of those respective courts. And if such accused
fails to appear, the bond stands forfeited and the procedure U/S 446 shall be applicable.
vii. Change in procedure of Summons Cases, Warrant Cases and summary trial: The law
commission suggested amendment in Section 2(x) and 2(w) defining warrant cases and summons
cases respectively. It was recommended that as a general rule all offences which do not carry
punishment of imprisonment for more than three years can be tried under the summons
procedure without any prejudice to the accused. To ensure speedy trial, the procedure must be
simplified so that bulk of cases can be disposed more expeditiously.
viii. Under Sections 161 and 162 examination of witnesses and record of their statements:
Section 161 empowers the police officer to record statements of persons. amendments were
recommended to Sections 161, 162 and 164 and correspondingly 172 and 173 CrPC. After

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discussion it was felt that substantial changes are necessary but in the absence of arriving at a
satisfactory solution it is better to leave the provision as it is.

It is necessary to amend Section 164 CrPC, so as to make it mandatory for the investigating
officer to get statements of all material witnesses questioned by him during the course of
investigation recorded on oath by the magistrate. The statement thus recorded will be of much
evidentiary value and can be used as previous statements. Such recording will prevent the
witness turning hostile at their free will. It will also help the police to complete the investigation
and submit a final report on the basis of such statements. It was suggested that if sufficient
number of Magistrates are appointed and if the separate investigating agency is set up promptly,
the delay in recording statement u/s 164 can be avoided. The alternative view was that retain the
provision as it is and introduce some safeguards against any error or malpractice in recording
with a view to make the statement more authentic.

ix. Protection and facilities to witnesses: Section 174 IPC and Section 350 of CrPC provides for
punishment for non-attendance by witnesses in obedience to the summons issued by the court.
The absence of witnesses and the absence of a system of day-to-day hearing are some of the
main causes for the delays. The convenience of witness is not at all kept in view and if he fails to
turn up on the next date harsh steps are taken against him.
Committee recommended that that the allowances payable to the witnesses for their attendance
in the courts should be fixed on a realistic basis and that payment should be effected through a
simple procedure which would avoid delay and inconvenience. Section 312 of CrPC and the
rules made thereunder will have to be suitably amended. Allowance should be provided to them
for all the days they attend. Adequate facilities should be provided in the court premises for their
stay. Necessary confidence has to be created in the minds of the witnesses that they would be
protected from the wrath of the accused in any eventuality. The court should proceed with trial
on a day-to-day basis and the listing of the cases should be on those lines. The High Courts
should issue necessary circulars to all the criminal courts giving guidelines for listing of cases.
x. Under Section 313 examination of accused: Section 313 empowers the court to examine the
accused at any stage of any inquiry or trial for the purpose of enabling the accused to explain any
circumstances in the evidence appearing against him 5.

5
Section 313(1) (a).

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In the criminal justice system, the principle of audi alteram partem or fair hearing is incorporated
in section 313 of the code of criminal procedure which empowers a trial judge to give a
reasonable opportunity to an accused to explain incriminating facts and circumstances in the
case. Fair procedure, pre-supposes that both sides should be heard, audi alteram partem, ‘hear the
other side’. This is the most important principle of natural justice as it includes almost every
aspect of fair procedure. This principle is broader in that it would include the rule against bias
since a fair hearing must be an unbiased hearing. All the three principles of natural justice form
part of a specific design for ensuring that power is exercised considerately and fairly. In
Tilkeshwar Singh v. State of Bihar6 the examination of the accused was not in the question-
answer form, the Supreme Court found that by filling of written statements, no prejudice was
caused to him. This decision lays down that whatever be the form of examination of accused u/s
313; no prejudice should result to the accused.7 The view of the committee was that the Court
can take the assistance of the prosecutor and defence counsel and prepare the questions which
are to be put in a concise form to the accused u/s 313. The courts can also permit the filing of
written statements by the accused as sufficient compliance with section 313.
xi. Under Section 320 compounding of offences: The Code of Criminal Procedure in Section 320
contains detailed provisions for compounding of offences. The rationale for compounding the
offences is that the chastened attitude of the accused and the praiseworthy attitude of the
complainant in order to restore peace and harmony in society must be given effect to in the
composition of offences. It was suggested by senior police officers at the various workshops that
the CrPC should empower the investigation officers to compound offences, which are
compoundable, at the investigation stage and make a report to the magistrate who will give effect
to the composition of such offences. This step will reduce the no of cases proceeding for trial at
the threshold stage itself and relieve the court docket to a great extent. The view of the
committee was that such this will have a statuary effect and to ensure that there is no coercion or
abuse by the police staff, the report of the investigating police officer incorporating the desire of
the disputants to compromise can be got arrested by a member of the district legal service
authority or a member of the village panchayat.

6
AIR 1956 SC 238.
7
Ajmer Singh v. State of Punjab, AIR 1953 SC 76.

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xii. Plea Bargaining: The Law Commission of India advocated the introduction of ‘Plea
Bargaining’ in the 142nd, 154th and 177th reports. The 154th Report of the Law Commission
recommended 'plea bargaining' as an alternative method to deal with huge arrears and backlogs
of criminal cases. The 154th Report of the Law Commission recommended the new XXIA to be
incorporated in the Criminal Procedure Code. The said Report indeed referred to the earlier
Report of the Law Commission, 142nd Report, which set out in extensor the rationale behind the
said concept, its successful functioning in the USA and the manner in which it should be given a
statutory shape. The Report recommended that the said concept be made applicable as an
experimental measure to offences which are punishable with imprisonment of less than seven
years and/or fine including the offences covered by section 320 of the Code. It was also
recommended that plea-bargaining can also be in respect of nature and gravity of the offences
and the quantum of punishment. It was observed that the said facility should not be available to
habitual offenders and to those who are accused of socio-economic offences of a grave nature
and those accused of offences against women and children. The recommendation of the
154th Law Commission Report was supported and reiterated by the Law Commission in its
177th Report. Further, the Report of the Committee on The Reform of Criminal Justice System,
2000 under the Chairmanship of Justice (Dr) Malimath stated that the experience of United
States was an evidence of plea bargaining being a means for the disposal of accumulated cases
and expediting the delivery of criminal justice. Based on the recommendation of the Law
Commission, the new chapter on plea bargaining making plea bargaining in cases of offences
punishable with imprisonment upto seven years has been included in Cr.P.C and the same has
come into effect from 05.07.2006. A consideration of Chapter XXI-A dealing with plea
bargaining will show that certain procedure prescribed for plea bargaining under Sections 265-A
to 265-L of Cr.P.C are to be complied to make it a valid plea bargaining.

The Hon’ble Supreme Court in the case of Kachhia Patel Shantilal Koderlal v. State of Gujarat
and Anr.8 strongly disapproved the practice of plea bargain. The Apex Court held that practice
of plea bargaining is unconstitutional, illegal and would tend to encourage corruption, collusion
and pollute the pure fount of justice. Similarly, in Kasambhai v. State of Gujarat9, the Supreme

8
1980 CriLJ 553
9
AIR 1980 SC 854.

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Court of India has examined the concept of plea bargaining had expressed an apprehension that
such a provision is likely to be abused.

xiii. Setting up of Nyaya Panchayats: its scope of jurisdiction and nature of offences to be tried
by them- To resolve the disputes with people participation in the administration of justice is the
constitutional goal mandated by Article 39A of the constitution. Justice should be delivered on
the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunity or securing justice are not
denied to any citizen on the ground of economic or other disabilities. For this purpose nyaya
panchayats are organized to reduce the burden on the state court system and not so much as to
prevent denial of justice because of economic and other disabilities.
The commission was in the view that the recommendation of the Law Commission in its 114 th
report on the presiding officers of Gram Nyayalaya may not be feasible because of serving
Munsifs/Civil judges will not be able to shoulder the additional burden of presiding over Gram
Nyayalayas in the rural areas. As it is, there is docket explosion in the civil courts and the civil
justice delivering system is adversely affected by the phenomenon of huge backlog of cases
leading to long delays in disposals. Also lawyer should not be engage by the parties to appear
before the Nyaya Panchayats because it would introduce legal formalities into the system leading
to delays in the disposal of cases. And at last it would frustrate the very purpose for which the
Gram Nyayalayas are being introduced. The committee suggested that the State have to enacted
legislation on Nyaya Panchayats to suit their local needs and conditions. The Andhra Pradesh
Mandal Nyaya Panchayats Bill, 1995 may be adopted as a model on the composition, powers
and jurisdiction of the Nyaya Panchayats.
xiv. It also suggested insertion of new provisions for victimology and compensating the victims:
Crime affects the individual victims and their families. Many crimes also cause significant
financial loss to the victims. The impact of crime on the victims and their families ranges from
serious physical and psychological injuries to mild disturbances. However, in India the criminal
law provides compensation to the victims and their dependants only in a limited manner. Section
357 of the code of criminal procedure incorporates this concept to an extent and empowers the
criminal courts to grant compensation to the victims. The report suggested that the principles of
compensation to crime victims need to be reviewed and expended to cover all cases. The
compensation should not be limited only to fines, penalties and forfeitures realized. It is

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necessary to incorporate a new section 357-A in the code to provide for a comprehensive scheme
of payment of compensation for all victims fairly and adequately by the courts. Accordingly, a
new section S. 357A may be incorporated in the code for victim compensation scheme. Under
the scheme, victims of homicide or their bereaved relatives, victims of serious physical injuries
including rape, and victims of grievous hurt were eligible for monetary assistance from the
government, though it is not a right of the victim as it is not a law but only an Executive order of
the Government.
xv. Inquiry and trial of persons of unsound mind: The primary objective of the law of criminal
procedure is to ensure that accused persons are granted a fair trial. An accused who is of unsound
mind at the time of the inquiry or trial may not comprehend the charges leveled against him and
may be unable to explain the alleged criminal conduct. Section 335 to 339 deals with the accused
acquitted after the completion of the trial held in accordance with sections 331 to 334. These
sections may suitably be modified to provide better treatment and rehabilitation of such persons
according to the proposed section 330(3) and the provisions of the Mental Health Act, 1987. All
references to the Indian Lunacy Act, 1912 in the code shall be deleted.
xvi. Procedure for maintenance of wives, children and parents: Section 125-128 in Chapter IX of
the CrPC lay down a self-contained speedy procedure for provision of maintenance to wife,
including divorced wives, children and parents. The aim of these provisions is to ensure the
neglected wives, children and parents for their sustenance 10. It was recommended that section
125 needs to be amended. It recommended that the ceiling limit in section 125(1) and in the first
proviso to section 127(1) be deleted. The report suggested to raise the ceiling to Rs. 5000/-. This
view was unanimously supported in all workshops. The 154 th report reiterate the 132nd report that
not only the monthly income of the husband but also all his other resources may be taken into
account.
xvii. Special protection in respect of women: To achieve the aim of speedy trial emphasis should be
on speedy investigation and commencement of rape trials. For this purpose word “only” be
substituted by “as far as practicable” in an absolute condition provided in proviso to clause (a) of
the bill formulated by National Commission for women, namely, that an offence u/s 376 of the
IPC (rape) shall be tried only by any such court presided over by a woman may not be feasible in
practice always. Report was of the view that the insertion of section 164A should be modified

10
Bhagwan Dutt v. Kamla Devi; AIR 1975 SC 83.

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and medical examination be made preferably by a female medical practitioner. A speedy and
detailed medical examination of rape victims by doctors is essential for effective trial of rape
offences. Likewise, speedy dispatch of the report to the investigation officer is also necessary.
xviii. Punishment of Imprisonment for life sentencing and set off: The 154th law commission report
recommended insertion of new section 56 in the IPC to the effect “imprisonment for life shall be
rigorous”, with a view to resolve the doubts regarding the nature of punishment of imprisonment
for life. Further report said that to make the provision explicit so as to give benefit of set-off to
the life convicts section 428 can be amended by adding the words ‘or imprisonment for life”
after the words “sentenced to imprisonment for a term’.
xix. Code of Criminal Procedure (Amendment) Bill, 1994: Proposed changes: In this report
necessary recommendation were made in the pending bill from the point of view to have speedy
trials. The 154th Law Commission has undertaken a study of comprehensive revision of the
Code of Criminal Procedure, 1973 so as to remove the germane problems leading to
consequential delay in disposal of criminal cases. It was felt that some of the clauses require to
be considered and report proposes to deal with them in this chapter. Clauses 2,3, 6, 9, 11 to 16,
23, 30, 31, 34, 35, 45 to 48 of the bill deal with minor changes which may be retained. The
committee said that Report suggested to incorporation of certain new provisions that suggestions
should also be included in the Bill in a comprehensive manner before same comes up before the
Parliament.
xx. Speedy justice: Speedy justice is sine qua non of criminal jurisprudence. It is not only an
important safeguard to prevent undue and oppressive incarceration, to minimize anxiety and
concern accompanying the accusation but also to limit the possibility of impairing the ability of
an accused to defend himself. Indeed, there is a societal interest in providing a speedy justice.
The right to speedy trial is recognized as a common law right flowing from the Magna Carta.
The right to speedy trial is an integral and essential part of fundamental right to life and liberty
enshrined in Article 21 of the constitution of India. The Supreme Court, while delivering its
constitutional bench judgment in the case of Abdul Rehman Antulay v. R. S. Nayak11 declared
that right to speedy trial is implicit in Article 21 of constitution and thus constitute a fundamental
right of every persons accused of a crime, is one among them.

11
AIR 1992 SC 1701.

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CRITICAL APPROACH

The backlog of about 2 crore cases in the lower courts and 35lakh in High Courts is the most
sneering evidence of the inadequacy of the system. The number of inmates housed in Indian jails
was almost 1, 00,000 more than their capacity. It was estimated that 70.5% of all inmates were
undertrials and of these 0.6% had been detained in jail for more than 5 years.

To reduce the backlog and efficiency numerous committees have been constituted and various
attempts to bring down the backlog and speed up judicial process have been made but none of
them have been instrumental in bringing about a substantial change. This project argues that the
introduction of this practice only nibbles at the edges of the problem and there is a need for
structural changes to solve the problem of backlog and pendency.

We currently have a system that is based around giving lawyers the opportunity to make huge
amounts of money for doing very little. Keeping people detained for days at a time in police
custody, people having to be subjected to police bail and all the restrictions that that might entail
without a conviction, victims having to wait to see justice done, witnesses having to wait, police
have to spend valuable resources keeping people in custody or administering bail or transporting
them to and from court.

Consideration should be given to the need to balance speed with justice – justice being about
convicting the guilty and acquitting the innocent, rather than focusing on the desire for
retribution. If the government wants an efficient and just system they must start to engage more
with defence practitioners, the only people in the system who see cases through from start to
finish.

CONCLUSION

This project examines the feasibility of the scheme suggested in the 154th Report of the Law
Commission of India, 1974. From the study conducted it has been ascertained that it is essential
to make appropriate amendments in the CrPC, 1973, particularly for rendering Speedy Justice.
To improve the quality of investigation, different changes proposed by the report. It was
suggested that Interrogation canters should be set up at district headquarters in each district
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where they do not exist and strengthened where they exist. A mechanism for coordination
amongst investigators, forensic experts and prosecutors at the State at district level for effective
investigations and prosecutions should be devised. A suitable provision is made to exclude the
period during which the accused is not available for investigation on grounds of health etc. for
computing the permissible period of police custody. Refusal to entertain complaints regarding
commission of any offence should be made punishable. Stringent punishment for false
registration of cases & false complaints.

The common man suffers as the manner in which police investigation is conducted is of critical
importance to the functioning of the criminal justice system. A prompt and quality investigation
is the foundation of an effective criminal justice system. They also raised the issue of non-
registration of cases by police in some cases. On this, Sh. P. Chidambaram informed Members
that in Delhi all but sensitive FIRs are on website. Listing of the cases should be done in such a
way that the witnesses who are summoned are examined on the day they are summoned. Also
modification in S.125 to provide the right to appeal is mentioned. The concept of plea bargaining
should be made applicable as an experimental measure to the offences which are punishable for
imprisonment for less than seven years/or fine. It should be in respect of the nature and gravity of
offences and the quantum of the punishment.

Number of times the Apex Court too has glossed upon the matter and issued directions to reduce
the ever mounting arrears of cases before the courts. Most of these recommendations have been
given a practical shape, but the position instead of improving has further deteriorated. Such an
apathetic state of affairs has become a matter of concern to all. The reasons for delay are many
and could be classified as court related, legal profession related, litigants related and State
related. It is hoped that these guidelines probably bring relief to the litigants suffering from the
delayed justice.

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REFERENCES

i. Sarkar, S. C., and Sudipto Sarkar. Sarkar, the Code of Criminal Procedure: An
Encyclopaedic Commentary on the Code of Criminal Procedure, 1973. 12th ed., vol.
1, LexisNexis, 2015.
ii. Kelkar, R. V. Criminal Procedure. 6th ed., Eastern Book Company, 2018.
iii. Jagmohan Singh, “Right to Speedy Justice for Under Trial Prisoners”, (1999) Deep
& Deep Publications.
iv. Government of India, Law Commission of India, New Delhi, “Law Commission
Report 154th Vol. I & II”, (1996)
v. J Y.V. Chandrachud, “Commentary on Criminal Procedure Code”, Wadhwa
Publications, 18th Edition, Vol. 1, 2006.
vi. Dullbonline. “154th Report of the Law Commission on The Criminal Procedure
Code.” One Stop Destination for DU LLB Students, 31 July 2017,
https://dullbonline.wordpress.com/2017/07/31/154th-report-of-the-law-commission-
on-the-criminal-procedure-code/.
vii. http://lawcommissionofindia.nic.in/101-169/Report154Vol1.pdf
viii. S.B. Shahane v. State of Maharashtra 1995 (3) SCR 672.
ix. Joginder Kumar v. State of U.P 1994 SCC (4) 260.
x. CBI, New Delhi v. Anupam J. Kulkarni (1992) 3 SCC 141.
xi. Kasambhai v. State of Gujarat AIR 1980 SC 854.
xii. Tilkeshwar Singh v. State of Bihar AIR 1956 SC 238.
xiii. Abdul Rehman Antulay v. R. S. Nayak AIR 1992 SC 1701.

ii