LAW COMMISSION OF INDIA ONE HUNDRED AND FIFTY FOURTH REPORT ON THE CODE OF CRIMINAL PROCEDURE, 1973 (ACT No. 2 OF 1974) (VOL. 1) 1996JUSTICE CHAIRMAN LAW COMMISSION K. JAYACHANDRA REDDY GOVERNMENT OF INDIA SHASTRI BHAWAN NEW DELHT- 110001 Tel. Off. : 3384475 Res. : 3019465 August 22, 1996 Dear Law Minister, [have great pleasure in forwarding herewith the 154th Report of the Law Commission of India on the “Code of Crimi- nal Procedure, 1973”. This brings to a conclusion one of the major tasks assigned to the Law Commission by the Government of India 2. A detailed examination of the Code with a view to do comprehensive revision was undertaken by the Commission immediately when | assumed charge on 15th July, 1995. 3. In order to elicit public opinion on the subject, the Commission circulated a working paper and detailed questionnaire on the Code of Criminal Procedure, 1973 setting out various aspects of the subject under study. 4, The Commission had also organised workshops under the auspices of High Courts at Allahabad, Ahmedabad, Mumbai, Chandigarh, Delhi, Hyderabad, Cochin, Madras, Patna and at some selected district Headquarters. 5. The Commission also examined the provisions of the Code of Criminal Procedure (Amendment) Bill, 1994, while making out recommendations. 6. We have endeavoured to make the present Report, a comprehensive one and included in it some of the provisions of the Criminal Procedure (Amendment), Bill, 1994. 7. Finally, we wish to express our appreciation for value able help received from Dr. S.C. Srivastava, Joint Secretary & Law Officer in drafting of this report, preparing questionnaire and assisting the Commission right through. With regards, Yours sincerely, (Sd-) (K. JAYACHANDRA REDDY) Hon'ble Shri Ramakant Khalap, Minister of State for Law & Justice Government of India, Shastri Bhavan, New Delhi.CONTENTS: vouuME 1 coeneree 1. tnteoduction N.—Establishment of Serarate Investigating Agenes I, Independent Prosecuting Agency 1. Law of Arrest V. Custody, Remand and changes in Section 1671 VI Bail, Anticipatory Fail and Sureties Vil, BuilAttendance of Accused-Appellate Stage VIL Summon Cases-Warrant Cases Summary Tril-Changes in Procedure IX, Examination af witnesses and Record of their Statements : Sections 161 and 162 X.—Protsction and facilities (o witnesses XI, Examination of Accused under Seetion 313 XI. Compounding of offences : Section 320 XII. Plea Bargaining XIV. Noaya Panchayats XV. Vietimotosy XVI. Enduity and Trial of persons of Unsound mind XVII, Procedure for Maintenance of Wives, Children and Parents XVII, Special Protection in respect of Women XIX, Puaishmeat of Imprisonment for life, ntencing and Set-off XX. Cade of Criminal Procedure (Amendment) Bill, 1994 : Proposed changes XXI, Speedy Justice XXII, Con:tusions and Recommendations Pros m6 wa 44 4546 90 sie 53-36 S765 66-71 ms 76-83 8s 689 90-116CHAPTER I INTRODUCTION 1. After coming into force of the Constitution of India, the First Law Commission in ils Fourteenth Report on Reform of Judicial Administration made extensive recommendations on the reform of criminal justice system in 1958 The Commission had examined the subjects of organization of criminal courts: police investigation. prosecuting agencies, delays in criminal trials. committal proceedings. criminal appeals, revisions and inherent powers, procedure for trial Of perjury cases. cle. As a result, the Code of Criminal Procedure, 1898 was Amended to give effect to some of the recommendations. On reconstitution. the Law Commission was asked by the Government of India to undertake a compre hensive review of the Code, While this review was in progress. the Commission Tendered certain reports on specific problems arising out of certain provisions of the Code. Those were : (1) Report on the Evidence of Officers of the Mint and of the Indian Security. Press regarding Forged Stamps, Currency Notes, ete, (S510 of the Code)? 2) Report on Section 9 of the Code regarding the Appointment of Ses sions Judges. Additional Sessions Judges and Assistant Sessions Judges.” (3) Report on Section 44 of the Code and a suggestion to add a Provision Telating to the Reporting of, and the Disclosure in Evidence about, Offence relating to Bribery,” and (4) Report on Sections 497, 498 and 499 of the Code with reference to the Question of Granting of Bail with Conditions.” (5) Report on the first fourteen Chapters comprising sections 1 to 176 of the Code 1.2. The Fifth Law Commission undertook a detailed study of the Code trom where the previous Commission had concluded its Report, viz.. Section 177 fand rendered the Forty-first Report representing a comprehensive review of the Code in 1969, Consequent to that Report, the Parliament enacted the Code of Criminal Procedure. 1973 which came into effect on April 1. 1974, 1.3. Subsequent to the coming into force of the new Code. the Law Com: mission has given the following Reports on specific subjects relating to the Criminal justice system. Some Questions under the Code of Criminal Procedure Bill, 1973? Delay and Arrears in Trial Courts. Congestion of Undertrial Prisoners in Jails? Rape and Allied Offences—Some Questions of Substantive Law, Pro- cedure and Evidence." 5, Section 1221) of the Code of Criminal Procedure, 1973: Imprison- iment for Breach of Bond for keeping the Peace with Sureties.” 6. Need for Amendment of the Provisions of Chapter 1X of the Code of Criminal Procedure, 1973 in order to Ameliorate the Hardship and Mitigate the Distress of Neglected Women, Children and Parents.” 7. Concessional Treatment for Offenders Who on their Own Initiative Choose to Plead Guilty Without Bargaining.” 8. Report on Custodial Crimes." 1.4, With a view to removing certain difficulties experienced in its work ing, the ‘Code of 1973 underwent several amendments in 1974, 1978, 1980, 1983. 1988, 1990, 1991 and 1993 for specific purposes 11.5. In May. 1994 the Government of India introduced the Code of Cri minal Procedure 'Amendment) Bil, 1994 in the Rajva Suhha incorporating many amendments in the Code. The Bill is at present before the Parliaynentary Stand. ing Committee on Home Affairs. 1.6. In the meantime, the Government of India has made a reference to the Law Commission to undertake comprehensive revision ol the Code of Crt minal Procedure and suggest reforms inthe law In view of the above, the Law Commission has undertaken a study comprehensive revision of the Code of Criminal Procedure, 1973. so as t9 Temove the germane problems leading t0 consequential delay in disposal of criminal In order to elicit public opinion on the subject. the Commission circulated & working paper. a detailed questionnaire on the Code of Criminal Procedure 1973 (Annexure 1 & I) setting out various aspects of the subject under study ‘The questionnaire was sent to all the State Governments, Director General of Police of ail States. Supreme Court anc! High Court Judges. Bar Associations Professors of Law, “Advocates and Non-Governmental Organisations Varied Fesponses received on the questionnaire are summarised in “Annexure IIL The Commission had also organised workshops under the auspices of High ‘Courts at Allahabad. Ahmedabad, Bombay, Chandigath. Delhi, Hyderabad. Kochi, Madras and Patna. At all these places the Commission had the benelit of ae cussions with the High Court Judges, senior lawyers, District and Sessions Judges Police officers, legal academicians and non-Governmental organisatinns on the seb, jects indentified by the Commission for review and reforms, at Jaipur, the Central Law Commission and the Rajasthan State Law Commission had organised. the workshop, At Guntur and Thiruvananthapuram, the Commission had. meetings with local Bar Associations and Judges on the scope of the amendment of the Code (Annexure IV). “The Commission has. while formulating this Report, taken into consideration the views expressed at various. workshops, 1.7. The Code of Criminal Procedure (Amendmen!) Bill, 1994 contains 49 lauses incorporating amendments. ‘The significant amendments pertain to. the following subject-matter Grant of autonomy to the prosecution agency (S, 24), setting up of the Directorate of Prosecution (S. 25A), Procedure of arrests and safe. guards thereon for arrest of women (Ss. 45, 46, SOA): medical exa- mination of the accused generally, ($s, $3 and 54) of the person accus: cd of rape (S. 53A): identification of arrested persons (§, S8AY. pro-