(Law of Crimes II – Code of Criminal Procedure I)

Topic :
I. Rationale Behind Criminal Trial
II. Constitutional Principles on Criminal Trial

By
Dr. Madhuker Sharma
Symbiosis Law School, NOIDA
Constitutional Principles on Criminal Trial
 Constitutional principles that are relevant in criminal trial
 Constitutional provisions that are relevant in criminal
trial
 Development of jurisprudence behind criminal procedure
law
 Role of Supreme Court
 Role of the Parliament
 Rationale behind Criminal Trial
 History of Code of Criminal Procedure
 What do we mean by Criminal Trial?
 What do we mean by ‘crime’?
 What do we mean by ‘trial’?
 Purpose/aim/objective behind criminal trial?
 Rationale behind criminal trial?
 History of Code of Criminal Procedure

 Till 1852, there was no uniform criminal procedure

 Separate statutes were applied in erstwhile Provinces as well in Presidency

towns

 Presidency towns:
◦ Criminal Procedure Supreme Court Act, 1852

◦ High Court Procedural Act, 1865

 Provinces:
◦ Criminal Procedure Code, 1861

◦ Criminal Procedure Code, 1872

 History of Code of Criminal Procedure
 Unification of criminal procedural law:
◦ Code of Criminal Procedure, 1882

◦ Code of Criminal Procedure, 1898

◦ Major amendments in the Code of 1898 in the yr. 1955

 Establishment of Law Commission to review the procedural law

◦ First time Report of the Law Commission (14th Report of the Law Commission) in 1958

◦ Final Report (41st Report of the Law Commission) in 1969

 Introduction of the Bill in the Rajya Sabha in 1970

 Passing of the Bill in 1973 and assent of the President in January, 1974
 Offence, Crime, Criminal Law, Trial, &
Criminal Trial
 Offence: Sec. 40 of the IPC:
◦ A thing punishable under the Code or under any other law
◦ Something which is not punishable is not an offence
 Crime: 
◦ Actus reus + mens-rea + by human being + resulting into injury
 Is it necessary that this injury is bodily injury?
 Is it necessary that this injury is caused upon human body?
 Is it necessary that this injured must be a human being or a juristic
entity?
 Offence, Crime, Criminal Law, Trial, &
Criminal Trial
 What is Criminal law:

◦ A set of rules, principles, & statutory provisions that deal with the
commission of an offence

◦ It includes substantive law that defines offences and prescribes

punishment

◦ It includes procedural law that lays down the procedure through

‘proceedings post commission of offence’ will take place
 Criminal Trial:

◦ Proceedings to ascertain truth in r/o commission of an offence

 Purpose/Aim/Object behind Criminal Trial
 Purpose – conduct just, fair & reasonable proceedings
 Aim – to ascertain truth
 Object – maintain law & order; to deliver justice
 Rationale behind Criminal Procedural Law

 Premise:
◦ There is a law which is structured +
◦ It contains certain basic or fundamental elements +
◦ ‘It is a reasoned law’

 Rationale:
• Reasoned & logical relation between various set of
variables
 Constitutional Principles in Criminal Procedural Law
 Preamble:

◦ Justice – social, economic & political

◦ Equality – of status & of opportunity

◦ Basic Structure Doctrine:

 Independence of judiciary

 Constitutional Provisions:

• Art. 20 & Art. 22 (deals directly with criminal law)

• Art. 14 & Art. 21 (deals indirectly, though very much prominent in criminal
procedural law)